Sharwan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63583 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== SHARWAN MAHTO Son of Banarsi Mahto Resident of Village/MohallaMaulaganj, Kumhar Toli, P.S.- Laheriasarai, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 304 B and 34 of the Indian Penal Code.

Allegation against the FIR named accused including the petitioner, who is husband of deceased, is to have killed the daughter of informant.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to personal grudge and village politics. It has further been submitted that deceased was suffering from chronic disease prior to marriage and due to that she died and parents of the deceased were also present at the time of cremation. Deceased died on 27.01.2019 and FIR was instituted by informant on 01.02.2019 after returning from cremation of her daughter.

Patna High Court CR. MISC. No.63583 of 2019(4) dt.24-01-2020 2/2 Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Laheriasarai P.S. Case No.34 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T