Patna High CourtCR. MISC./75551/2019bail granted

Vikash Mahto v. The State Of Bihar

2020-06-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75551 of 2019 Arising Out of PS. Case No.-362 Year-2019 Thana- JAMUI District- Jamui ====================================================== VIKASH MAHTO Son of Ghamandi Mahto @ Ghanshyam Mahto Resident of Village- Amarath, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Jamui P.S. Case No. 362 of 2019, disclosing offences punishable under Sections 504, 337, 338 and 302 of the Indian Penal Code. The informant is the brother of the deceased. From the F.I.R., it transpires that an altercation over some trivial dispute resulted into the occurrence. Allegedly, the informant's mother was accosting the informant's wife and out of confusion the petitioner intervened under the presumption that the petitioner's mother was abusing the petitioner's sister. Some scuffle had thereafter taken place. It is alleged that the petitioner hit the deceased in her chest with a brick, resulting into her death. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.75551 of 2019(4) dt.18-06-2020 2/2 has submitted with reference to allegation made in the F.I.R. that, even if, what is alleged in the F.I.R., is treated to be correct, there had not been any intention to kill the deceased. He further submits that there has been no repetition of blow, as disclosed in the F.I.R. He has further submitted that the petitioner is in custody since 10.07.2019, and has no criminal antecedent.

Considering the submissions advanced on behalf of the petitioner to the aforesaid effect. In my opinion, case for grant of regular bail is made out.

This application is allowed.

Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui in connection with Jamui P.S. Case No. 362 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T