Ram Bharosi Mahto @ Ram Barosi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83088 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- TIKAPATTI District- Purnia ====================================================== Ram Bharosi Mahto @ Ram Barosi Mahto S/o Mohit Mahto Resident of Village- Goriyar Purab, P.S.- Tikapatti, Distt.- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 22-04-2025 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Tikapatti P.S. Case No. 63 of 2024 for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code.

3. The prosecution case in short is that informant gave written report, stating therein that her daughter was married to the petitioner and out of their wedlock two children were born. The informant further alleged that on 12.04.2024, her daughter who was staying with her at her maica, who was taken by her husband (petitioner) and others and on 13.04.2024, in the morning, she received a call that her daughter was lying dead at her in-laws place and her in-laws were not present in their house.

Patna High Court CR. MISC. No.83088 of 2024(4) dt.22-04-2025 2/3

4. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner who have committed murder of his wife. He has further stated that entire family members have been named by the informant who have taken away the deceased on the previous night, however, there is no eye witness to the said occurrence. Learned counsel further submits that barring the fact that he is the husband, there is nothing incriminating found during investigation to connect him with the said occurrence. Learned counsel for the petitioner lastly submits that the petitioner carries clean antecedent and he is in custody since 05.05.2024 and he is ready to appear on each and every date in the trial.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that from perusal of the postmortem report, it is clear that the daughter of the informant was strangulated to death. Learned counsel further submits that the petitioner being the husband of the daughter of the informant, should not be enlarged on bail as the trial is about to commence.

6. Having heard learned counsel for the parties, I am not inclined to enlarge the petitioner on bail at present.

7. However, from perusal of the report which has

Patna High Court CR. MISC. No.83088 of 2024(4) dt.22-04-2025 3/3 come from the trial court, it seems that the charges has already been framed against the petitioner, namely, Ram Bharosi Mahto and summons have been issued to the witnesses for evidence.

8. The petitioner is granted liberty to move for bail ones the examination of the informant is done and/or the trial makes substantial progress.

9. The application is therefore dismissed.

(Sourendra Pandey, J) Siwani/- U T