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Patna High CourtCR. MISC./1800/2025bail granted

Deo Narain Mahto @ Deo Narain Singh v. The State Of Bihar

2025-04-11Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1800 of 2025 Arising Out of PS. Case No.-604 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

Deo Narain Mahto @ Deo Narain Singh Son of Late Ram Ashish Mahto Resident of village- Bariyarpur Tole, ward no.-40, Jawabipur, P.S. and District- Sitamarhi.

2.

Sonawati Devi Wife of Deo Narain Mahto @ Deo Narain Singh Resident of village- Bariyarpur Tole, ward no.-40, Jawabipur, P.S. and DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate Ms. Madhubala Verma, Advocate Mr. Ajay Kumar Verma, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP Mr. Ashok Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Sitamarhi P.S. Case no. 604 of 2024 registered under section 80(2) of the Bharatiya Nyaya Sanhita, 2023 and sections 3 and 4 of the D.P. Act.

3. As per the prosecution case, the daughter of the informant who was married to the son of the petitioners herein was brutally killed for non-fulfillment of the demand of dowry.

4. Learned counsel for the petitioners submits that the petitioners, who are the father-in-law and mother-in-law of the deceased, have been falsely implicated in the case. The

Patna High Court CR. MISC. No.1800 of 2025(3) dt.11-04-2025 2/3 allegations are false and categorically denied. The petitioners are in custody since 21.9.2024 and have no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that the marriage of the deceased with the son of the petitioners took place on 21.5.2023 and in less than 18 months of the marriage, she was brutally killed. The cause of death in the postmortem report is said to be asphyxia due to smothering.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation, the petitioners who are the father-in-law and mother-in-law of the deceased having remained in custody for more than 6 months since 21.9.2024 together with the husband of the deceased being in custody, the petitioners are directed to be enlarged on bail in connection with Sitamarhi P.S. Case no. 604 of 2024, on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi on the following conditions:- (I). The petitioners shall be properly represented in

Patna High Court CR. MISC. No.1800 of 2025(3) dt.11-04-2025 3/3 the learned Court below on each date of the trial and shall cooperate in the trial.

(II) In case, the petitioners are not properly represented or do not cooperate and the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioners, the learned trial Court may cancel the bail bond of the petitioners and take them into custody till conclusion of the trial.

(Partha Sarthy, J) avinash/- U T