Bhola Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75779 of 2024 Arising Out of PS. Case No.-308 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Bhola Mahto, Son of Sitaram Mahto, Resident of Village- Purainiya, P.S.- Kalyanpur, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and Mr. Uday Chand Prasad, learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.
3. The case of the prosecution is that the daughter of the informant was married to Raj Kumar Mahto ten years ago. She is having two sons out of that wedlock aged about 7 years and 4 years. From few years, the daughter of the informant was being subjected to cruelty. On 10.11.2022, the in-laws of the daughter of informant namely, Raj Kumar Mahto, Bhola Mahto (petitioner), Sitaram Mahto and wife of the petitioner killed the daughter of the informant by hanging. When the informant reached there, he found that all the in-laws have fled away and his daughter was lying dead on the cot.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.75779 of 2024(3) dt.22-01-2025 2/2 has submitted that the petitioner is brother-in-law of the deceased. He has also submitted that his residence and mess is separate. He has got nothing to do with the occurrence. From perusal of the case diary it is clear that the witnesses have reiterated the facts of the FIR. From perusal of the FIR itself it is clear that though the name of this petitioner is there in the FIR, it is based on suspicion. The petitioner is having no criminal antecedent.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Additional Chief Judicial Magistrate-IV, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 308 of 2022.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T