Jag Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73026 of 2023 Arising Out of PS. Case No.-196 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== Jag Narayan Mahto S/O Late Govind Mahto Resident Of Village And P.O.- Mohaddipur, P.S.-Baruraj, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Singh, Advocate Mr. Samrendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Baruraj P.S Case No. 196 of 2022 dated 30.08.2020 registered for the offences punishable under Sections 304B and 201 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the daughter of the informant and disappeared her dead body due to non-fulfillment of demand of Rs. 3 lacs as dowry.

Patna High Court CR. MISC. No.73026 of 2023(3) dt.07-12-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is father-in-law of the deceased. The petitioner neither demanded dowry nor tortured the daughter of the informant. Learned counsel has submitted that the husband of the deceased is in custody as stated in para. 2 of the supplementary affidavit. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the petitioner used to threaten the daughter of the informant that his whole family will kill her.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur in connection with Baruraj P.S Case No. 196 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:-

Patna High Court CR. MISC. No.73026 of 2023(3) dt.07-12-2023 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T