Bajrangi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67735 of 2024 Arising Out of PS. Case No.-196 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== Bajrangi Mahto, age 32 years, Male, Son of Jag Narayan Mahto, Resident of Village and P.O. - Mohadipur, P.S. - Baruraj, District - Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Renu Devi, age 46 years, Female, Wife of Pramod Mahto, Resident of Village and P.O. - Daudpur Chapra, P.S. - Minapur, District - Muzaffarpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Dhananjay Kumar Singh, Advocate For the State :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 643 of 2023, arising out of Baruraj P.S. Case No. 196 of 2022 dated 30.08.2022 registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.

3. As per the prosecution case, the petitioner and the other co-accused persons are alleged to have killed the informant's daughter due to non-fulfilment of demand of Rs. 3,00,000/- as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.67735 of 2024(2) dt.26-09-2024 2/3 this case. It is submitted that the petitioner is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the daughter of the informant. It is further submitted that there are 14 charge-sheeted witnesses and out of which only six witnesses have been examined. It is further submitted that the victim had died her natural death due to high blood pressure which caused heart failure and the informant and her family members had also participated in the last rites of the deceased. It is submitted that the other co-accused person, namely, Jag Narayan Mahto, who is father-in-law of the deceased, has already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 73026 of 2023 under order dated 07.12.2023, annexed as Annexure-2 to the present bail application. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 15.05.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner is the husband of the deceased and he alongwith other co-accused have killed the deceased.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond

Patna High Court CR. MISC. No.67735 of 2024(2) dt.26-09-2024 3/3 of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-12th, Muzaffarpur, in connection with Sessions Trial No. 643 of 2023, arising out of Baruraj P.S. Case No. 196 of 2022 with further condition:- (I) 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 bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T