Patna High CourtCR. MISC./65996/2023bail granted

Mukesh Kumar Mahto @ Mukesh Kumar v. The State Of Bihar

2023-12-06Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65996 of 2023 Arising Out of PS. Case No.-382 Year-2021 Thana- DALSINGHSARAI District- Samastipur ====================================================== MUKESH KUMAR MAHTO @ MUKESH KUMAR SON OF SUCHENDRA MAHTO @ SURENDRA MAHTO VILLAGE YAMUNATAR, WARD NO.-09, P S DALSINGHSARAI, DISTSAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Dalsingsarai P.S. Case No. 382 of 2021 registered for the offence under Section 304 B and 34 of the Indian Penal Code.

4. As per the prosecution case, the deceased is the wife of the petitioner and he has killed her.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as the deceased has committed suicide after having some argument with he in-laws and it has come during investigation

Patna High Court CR. MISC. No.65996 of 2023(3) dt.06-12-2023 2/2 that the petitioner was staying in Banglore to earn his livelihood and he was not involved in the killing of the deceased.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 20.06.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail after framing of charge if the charge has not been framed yet on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, I, Dalsingsarai in connection with Dalsingsarai P.S. Case No. 382 of 2021.

10. As a condition of this order, the petitioner is directed to co-operate in the trial.

(Sandeep Kumar, J) Vikas/- U T