Patna High CourtCR. MISC./78224/2023allowed

Bikash Mahto @ Bikash Mahton v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78224 of 2023 Arising Out of PS. Case No.-979 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Bikash Mahto @ Bikash Mahton Son Of Gandori Mahto @ Gangori Mahto R/O Village- Dharaiya, P.S.- Khagaria (Gangaur), Dist.- Khagaria 2.

Rakesh Mahto @ Rakesh Mahton Son Of Gandori Mahto @ Gangori Mahto R/O Village- Dharaiya, P.S.- Khagaria (Gangaur), Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for grant of bail in connection with Khagaria (Gangaur) P.S. Case No. 979 of 2022 registered under sections 304B and 34 of the Indian Penal Code.

3. It is a case of dowry death of the informant's daughter due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. The petitioners are sisters-in-law of the deceased due to which they have falsely been implicated in this case. They have no concern with the mess and business of the deceased as well as from her

Patna High Court CR. MISC. No.78224 of 2023(2) dt.06-12-2023 2/2 husband and also they live separately from them. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Similary situated co-accused persons have already been granted bail by this Court vide order dated 22.09.2023 passed in Cr. Misc. No. 62792 of 2023. Moreover, they are languishing in judicial custody since 04.08.2023.

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 this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Khagaria(Gangaur) P.S. Case No. 979 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria.

(Sunil Kumar Panwar, J) manishkumar/- U