Bachchu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69023 of 2019 Arising Out of PS. Case No.-166 Year-2013 Thana- VAISHALI District- Vaishali ====================================================== Bachchu Mahto, Son of Brahamadev Mahto, R/o Gram - Bahorokha, Paterhi Belsar, Anirudh Belsar, P.S.- Vaishali (Belsar O.P.), District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mrs. Namrata Mishra, Advocate Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Vaishali P.S. Case No.166 of 2013 registered for the offence punishable under Section 302 read with 34 of the Indian Penal Code.

It is contended that though there is allegation of assault in the first information report, in the postmortem examination of the deceased, no antemortem injury was found on the person of the deceased. The viscera was preserved, which was sent to the Forensic Science Laboratory for chemical examination. The report submitted by the Director, Forensic Science Laboratory would reveal that no Metallic Alkaloidal, Glycosidal, Pesticidal or Volatile poison could be detected in the

Patna High Court CR. MISC. No.69023 of 2019(3) dt.05-03-2020 2/3 fluid sent for chemical examination. The ultimate opinion of the doctor, who conducted the postmortem examination is that the death was caused due to disease following multi-system failure. It is contended that in absence of any legal evidence the police are trying to apprehend the petitioner in connection with the case.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. However, after going through the materials collected during investigation, as recorded in the case diary, he contended that the Deputy Superintendent of Police, who has supervised the case, has opined that the case is true for the offences punishable under Sections 306 read with 34 of the Indian Penal Code. On query, as to whether there is any material to suggest that the petitioner abetted the deceased to commit suicide, he fairly stated that there is no positive evidence in this regard in the whole case diary.

In the facts and circumstances of the case, in the event of arrest or surrender in the court below, the petitioner is directed to be released 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 Chief Judicial

Patna High Court CR. MISC. No.69023 of 2019(3) dt.05-03-2020 3/3 Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No.166 of 2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T