Patna High CourtCR. MISC./74849/2023bail rejected

Raj Kumar Mahto v. The State Of Bihar

2023-11-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74849 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Raj Kumar Mahto, Son Of Dinesh Mahto Resident Of Village - Uttari Hajipur, P.S. - Khagaria (CHITRAGUPTA Nagar), District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Kishor Poddar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 142 of 2023, lodged on 11.02.2023 under Sections 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 3 named accused persons including the present petitioner against whom the allegation is of under section 304(B).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that it is a case of suicide and informant is none the else the grandfather of the deceased. Counsel further submits

Patna High Court CR. MISC. No.74849 of 2023(2) dt.29-11-2023 2/2 that the mother in law of the deceased has already been granted bail.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 12.02.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the inquest report attached in the form of seizure list indicates that it is not a case of suicide. Counsel also submits that allegation of demand of dowry and torture is there in the FIR and the case is under section 304(B).

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 142 of 2023, pending before the learned Judicial Magistrate, Khagaria is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U T