Usha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29628 of 2015 Arising Out of PS.Case No. -46 Year- 2014 Thana -MARHOWRAH District- SARAN ======================================================
1. Usha Devi Wife of Raj Ballam Mahto
2. Santosh Mahto @ Santu Mahto, Son of Raj Ballam Mahto, Both are resident of Village- Naharpur, Chamari, P.S. Marhowrah, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under Section 304B/34 of the Indian Penal Code.
Allegation against the petitioners is to have tortured and killed daughter of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioners that they have got no criminal antecedent. They are in custody since 4.5.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioners. Petitioner no. 1 is mother-in-law and petitioner no. 2 is dewar of the deceased. They are separate in mess and property from the husband of the deceased. From perusal of Annexure-3 it would appear that a petition has been filed by the informant that petitioners have been named due to mistake of fact. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Patna High Court Cr.Misc. No.29628 of 2015 (3) dt.09-11-2015 2 / 2 Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra at Saran, in connection with Morhowrah P.S. Case no. 46 of 2014.
(Sudhir Singh, J) sudip/- U T