Mahendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67165 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- NADI District- Supaul ====================================================== Mahendra Mahto, Son Of Late Subilal Mahto Resident Of Village - Shisoni Chhint, Ekdara Tola, Ward No.10, P.S. - Supaul Riverine, District - Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Supaul Riverine P.S. Case No. 21 of 2023, lodged on 03.03.2023 under Sections 306, 201 & 34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged by the local chowkidar alleging against the petitioner that upon getting knowledge that his daughter has committed suicide, he threw her dead body in Kosi river due to fear.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the case diary as acknowledged in the rejection order dated 09.08.2023 passed by Additional District and Sessions
Patna High Court CR. MISC. No.67165 of 2023(2) dt.17-10-2023 2/3 Judge-I, Supaul vide B.P. No. 785 of 2023, it appears that the sister of the deceased has disclosed that in the early morning when the petitioner scolded his daughter for house work, then she went into room and locked herself and committed suicide. Thereafter, the petitioner broken the door and out of fear of the police, threw the dead body in the Kosi river. He further submits that even if the allegation is said to be true, then the said offence alleged to be taken place only under section 201 I.P.C. He further submits that the antecedent of the petitioner is clean and he is in custody since 16.03.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul Riverine P.S. Case No. 21 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his
Patna High Court CR. MISC. No.67165 of 2023(2) dt.17-10-2023 3/3 bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T