IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44154 of 2025 Arising Out of PS. Case No.-155 Year-2024 Thana- Chakmesi District- Samastipur ====================================================== 1. Kartik Kumar S/O Shibu Mahto @ Shiv Narayan Mahto @ Shiv Nath Mahto R/O Village- Rosera, P.S- Rosera, Distt.- Samastipur. 2. Shibu Mahto @ Shiv Narayan Mahto @ Shiv Nath Mahto S/O Late Jageshwar Mahto R/O Village- Rosera, P.S- Rosera, Distt.- Samastipur. ... ... Petitioner/s Versus The State of bihar patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate Mr. Shishir Kumar Shishir, Advocate For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 28-07-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have preferred this application for grant of regular bail in connection with Chakmehsi P.S. Case No. 155/2024 dated 01.10.2024 registered for the offence punishable u/ss 103(1), 352 read with Section 3(5) of the B.N.S. 3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant's daughter mentally and physically and killed her due to non- fulfillment of demand of dowry. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been Patna High Court CR. MISC. No.44154 of 2025(2) dt.28-07-2025 2/3 implicated in this case. There is general and omnibus allegation against the petitioners who are husband and father-in-law of the deceased. The petitioners neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioner are in custody since 11.03.2025. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the petitioner no. 1 is the husband of the deceased. As per the post- mortem report, the cause of death is due to cardio-respiratory failure as a result of cervical injury. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named i.e Shibu Mahto @ Shiv Narayan Mahto is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Chakmehsi P.S. Case No. 155/2024. 7. The application stands allowed with regard to the petitioner no. 2 namely, Shibu Mahto @ Shiv Narayan Mahto. Patna High Court CR. MISC. No.44154 of 2025(2) dt.28-07-2025 3/3 8. So far as, the petitioner no. 1 is concerned, Considering the aforesaid facts and circumstances of the case as well as the finding substance in the contention of learned counsel for the State, this Court is not inclined to grant bail to the petitioner no. 1 namely, Kartik Kumar and the same is rejected in connection with Chakmehsi P.S. Case No. 155/2024, pending in the court of learned J.M.1st Class, Samastipur. 9. Accordingly, the application regarding the petitioner no.1 stands rejected. atul/- (Chandra Prakash Singh, J) U T