Angad Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65638 of 2022 Arising Out of PS. Case No.-67 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== Angad Mahto Son Of Radhe Mahto R/V- Bhagwanpur, P.S.- Bhagwanpur, Dist- Begusarai ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.A.G., A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 304B of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have committed murder of the daughter of the informant Anshu Devi due to non-fulfillment of demand of dowry. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.65638 of 2022(2) dt.20-03-2023 2/3 case. Learned counsel further submitted that the petitioner was married to the deceased in the year 2014. It is further submitted that as per the post mortem report the cause of death is chronic debilitating disease jaundice. The petitioner is husband of the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2020.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the cause of death being jaundice and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with S.Tr/ No. 84 of 2022 arising out of Bhagwanpur P.S. Case No. 67 of 2020, with a condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation

Patna High Court CR. MISC. No.65638 of 2022(2) dt.20-03-2023 3/3 of his bail bond .

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T