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Patna High CourtCR. MISC./73269/2024allowed

Lal Babu Mahto @ Lal Babu Kumar v. The State Of Bihar

2024-10-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73269 of 2024 Arising Out of PS. Case No.-451 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Lal Babu Mahto @ Lal Babu Kumar Son of Jodha Mahto @ Yodha Mahto Resident of Village Harpur Bashant, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 34, 120B, 306, 498A of the Indian Penal Code.

3. As per FIR, it is alleged that the daughter of the informant has committed suicide.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the daughter of the informant got suicide on 27.12.2023 but the FIR has been lodged on 30.12.2023 after delay of 3 days without explaining any reasonable cause of delay. He submits that no offence under Section 498A of the IPC is made out against the petitioner. He

Patna High Court CR. MISC. No.73269 of 2024(2) dt.24-10-2024 2/2 further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Karja (Karza) P.S. Case No. 451 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T