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Patna High CourtCR. MISC./69123/2022rejected

Anant Mahto @ Anand Mahto v. The State Of Bihar

2023-05-08Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69123 of 2022 Arising Out of PS. Case No.-728 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Anant Mahto @ Anand Mahto S/o Harinder Mahto R/o village- Rajendra Nagar, Ward no. 4, P.S.- Kalibagh, O.P., Distt- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Namrata Mishra, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 06.07.2022 in connection with Bettiah Town (Kalibagh O.P.) P.S.Case No. 728 of 2021, F.I.R. dated 26.12.2021 for the offences punishable under Sections 304B/34 of the Indian Penal Code.

According to prosecution case, all the accused persons including the petitioner used to torture the informant's daughter and later on they killed her by strangulation due to non-

Patna High Court CR. MISC. No.69123 of 2022(3) dt.08-05-2023 2/2 fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. She further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the allegation as alleged in the F.I.R. is supported by the postmortem report of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Bettiah Town (Kalibagh O.P.) P.S.Case No. 728 of 2021 pending in the court of learned Sessions Judge, West Champaran, Bettiah.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T