Manoj Kumar Mahto @ Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54701 of 2018 Arising Out of PS. Case No.-302 Year-2017 Thana- SAHPUR District- Bhojpur ====================================================== Manoj Kumar Mahto @ Manoj Kumar Singh, Son of Basisth Mahto@ Basisth Singh Resident of Village- Iswarpura, Police Station- Shahpur, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Pandey For the Opposite Party/s :

Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Shahpur P.S.Case No. 302 of 2017 registered under Sections 304B/34 of the Indian penal Code.

Learned counsel for the petitioner submits that from the written report itself, it is apparent that girl has committed suicide and after investigation, police has submitted charge sheet under Section 306 of I.P.C. The petitioner is in custody since 24.06.2018 In the written report, it is alleged that informant received information on 11.11.2017 with regard to committing suicide by his daughter by hanging with fan. The informant went to her Sasural and found many persons were present there but family

Patna High Court Cr.Misc. No.54701 of 2018(3) dt.11-10-2018 2/2 members of the petitioner were not present there. It is further alleged that door was broke opened in presence of the police and daughter of the informant was found hanging with ceiling fan. She was brought down after cutting Gamchha but by that time she had died.

Case diary has been received wherein postmortem report is available. From perusal of postmortem report, it appears that doctor has opined that death was caused due to asphyxia on account of hanging as a result of suicide. The police after investigation submitted charge sheet under Section 306 of I.P.C. Considering the aforesaid fact and circumstances, the prayer of bail of the petitioner is allowed. The petitioner, abovenamed, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-XIV, Bhojpur at Ara in connection with Shahpur P.S. Case No. 302 of 2017 with condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) sujit/- U T