High Court Patna High Court - Orders

Sanjay Mahton vs State Of Bihar on 3 December, 2010

Patna High Court – Orders
Sanjay Mahton vs State Of Bihar on 3 December, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.39133 of 2010
                                    SANJAY MAHTON .
                                            Versus
                                    STATE OF BIHAR .
                                              with
                                Cr.Misc. No.26131 of 2010
                         RAJESH MAHTO @ RAMESH MAHTO .
                                            Versus
                                    STATE OF BIHAR .
                                          -----------

02. 03.12.2010 Heard the learned counsel for the petitioners and the State.

Informant’s son was killed in his Sasural for which F.I.R. is

lodged. Submission of the learned counsel for petitioners is that

members of Sasural family are named in the F.I.R. Petitioners’ name

appeared in further statement of the informant with no further

corroboration. In the re-statement also, only suspicion has been cast

upon petitioner of Cr.Misc. No.39133/2010. Petitioner of Cr. Misc.

No.26131/2010 Rajesh Mahto has been though named in the F.I.R., but

informant is not eye witness rather there is no eye witness in the case.

Petitioner is shown second husband of Rekha Devi, deceased, but his

marriage was resolved as per informant herself. So, there was no

occasion of going to the village of Rekha Devi.

Having regard to the facts and circumstances of the case, in

the event of arrest or surrender within a period of one month from the

date of receipt/production of a copy of this order, the above named

petitioners shall be released on bail on furnishing bail bond of

Rs.10,000/- (ten thousand) each with two sureties of the like amount

each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in

connection with Saraiya (Jaitpur O.P.)P. S. case No.158 of 2008, subject
2

to the conditions as laid down under section 438(2) of the Code of

Criminal Procedure.

Vikash                                           ( Mandhata Singh, J.)