Ramesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77552 of 2025 Arising Out of PS. Case No.-413 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Ramesh Mahto S/o Radha Mahto, R/o Village- Dumariya, P.S- Chhapra (M), Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate Mr. Jharkhandi Upadhyay, Advocate For the State :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Saran (M) P.S. Case No. 413 of 2020, dated 12.09.2020, registered for the offences punishable under Sections 304(B) and 201 of the Indian Penal Code.
3. As per allegation, the petitioner and other coaccused have committed dowry death of the informant's daughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is father-in-law and he is separate in mess and business from his son, who is
Patna High Court CR. MISC. No.77552 of 2025(2) dt.03-12-2025 2/3 husband of the deceased. He further submits that the death of the deceased has been caused due to delivery complication and the parents of the deceased had participated in the performance of the last rite of the deceased and F.I.R. has been lodged after four months with ulterior motive. He further submits that similarly situated co-accused/the wife of the petitioner as well as sister-in-laws of the deceased have already got anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 33169 of 2025 vide order dated 20.05.2025.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Patna High Court CR. MISC. No.77552 of 2025(2) dt.03-12-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Saran (M) P.S. Case No. 413 of 2020, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T