Damodar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83890 of 2019 Arising Out of PS. Case No.-22 Year-2012 Thana- CHANAN District- Lakhisarai ====================================================== DAMODAR MAHTO Son of Late Lakhan Mahto Resident of VillageShekhodara, P.S.- Kowakole, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bikramdeo Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Chanan P.S. Case No.22 of 2012 registered under Sections 302, 201 and 34 of the Indian Penal Code.

The informant, a Choukidar, disclosed that a dead body of a physically challenged woman was found by the side of the river. The deceased was wife of Ras Bihari Mahto. The informant further alleged that lady had developed illicit relation and that is why her husband and brother(the petitioner) have killed the deceased.

Learned counsel for the petitioner submits that petitioner is the brother of the deceased. The husband of the deceased was a physically challenged person. The deceased got two male children from her wedlock and there is absolutely no evidence. It is further submitted that save and except the statement of Vinod Mahto in para 16 of the case diary, who saw the petitioner along with the deceased and her husband, there appears no tangible evidence to show that the petitioner killed

Patna High Court CR. MISC. No.83890 of 2019(5) dt.24-06-2020 2/2 his own sister and disposed of her dead body but on perusal of the F.I.R. and the case diary, it appears that Vinod Mahto saw the petitioner going along with his sister and brother-in-law. It has come that the petitioner was also annoyed because his sister had developed extra-marital relation with a man of Paswan caste. During the course of investigation, other witnesses have also stated that they saw the petitioner along with his sister but his sister did not return.

It appears that petitioner was also seen going along with his sister and his brother-in-law but the sister did not return. Thereafter the dead body of his sister was taken out from under the earth situated by the bank of the river. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by the order of this Court.

(Prabhat Kumar Jha, J) Saurabh/- U T