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Patna High CourtCR. MISC./5492/2020bail granted

Ram Rekha Mahto v. The State Of Bihar

2020-03-02Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5492 of 2020 Arising Out of PS. Case No.-172 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== 1.

RAM REKHA MAHTO, aged about 50 years, Male, son of Late Dasai Mahto.

2.

Janki Devi, aged about 45 years, Female, wife of Ram Rekha Mahto. Both resident of Village - Jadupatti, Simari, P.S.- Choraut (Pupri), District- Sitamarhi.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Suppi P.S. Case No. 172 of 2019, registered for the offence under Section 201/34 of the Indian Penal Code.

As per the F.I.R., the marriage of daughter of the informant was solemnized with one Lalit Mahto, son of the petitioners, and after the marriage, the accused persons started demanding money of Rs.1,00,000/-. On account of nonfulfillment of said demand, the accused persons have killed her daughter. It has further been stated that her son-in-law and

Patna High Court CR. MISC. No.5492 of 2020(2) dt.02-03-2020 2/3 daughter came to the house of the informant and left the house on 17.08.2019, thereafter, the informant tried to contact her daughter but failed to do so. Ultimately, on 21.08.2019 decomposed dead body of the daughter of the informant was found in the field.

Learned counsel for the petitioners submits that petitioner no.1 is suffering from leprosy and even he cannot move, at the same time, the dead body was recovered near the house of the informant. So, these petitioners cannot be held to be involved in the murder of the deceased. He further submits that the petitioners are father-in-law and mother-in-law of the deceased.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Suppi P.S. Case no.172 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the

Patna High Court CR. MISC. No.5492 of 2020(2) dt.02-03-2020 3/3 police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T