Laxmi Mahto @ Binit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7903 of 2024 Arising Out of PS. Case No.-446 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

Laxmi Mahto @ Binit Kumar Son of Ram Layak Mahto Resident of VillageKasap, P.S.-Udwantnagar, Distt.-Bhojpur 2.

Shiv Jee Singh @ Shiv jee Mahto Son of Gurmali Resident of VillageKasap, P.S-Udwantnagar, Distt.-Bhojpur 3.

Suraj Mahto @ Aman Kumar Son of Bhola Mahto Resident of Villageharigaon, P.S./Ayar, Distt.-Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanju Devi Wife of Anurag Mahto Resident of Village-Mira Chak, P.S.-Ara Nagar, Distt.-Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Singh, Mr. Praveen Kumar, Advocates.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Ara Nagar PS Case No. 446/2023 registered on 02.06.2023 for the offences under Sections 341, 323, 324, 498(A)/34 of the IPC.

3. As per prosecution case, the informant gave a written report to the police making allegation against her inlaws as well as the petitioners that they tried to set her on fire and also tried to electrocute her.

Patna High Court CR. MISC. No.7903 of 2024(2) dt.22-02-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioners have no direct relationship with the informant or her in-laws and they are the residents of distant village. As they were involved in the fixation of marriage of the informant, they have been made accused in this case. There is general and omnibus allegation against the petitioners and it is not believable that the petitioners might have demanded dowry or tortured the informant on this account. They are not even living in the alleged place of occurrence. The petitioners have got antecedent of a criminal case against them.

5. Learned APP opposes the submissions made on behalf of the petitioners.

6. Having regard to the facts and circumstances and the submissions made on behalf of the parties and considering that the petitioners are not in-laws of the informant and the allegations are general and vague, let the petitioners, named above, in the event of arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara

Patna High Court CR. MISC. No.7903 of 2024(2) dt.22-02-2024 3/3 in connection with Ara Nagar PS Case No. 446/2023, subject to the condition as laid down under Section 438(2) of the CrPC. (Arun Kumar Jha, J) perwez U T