Jairam Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48241 of 2014 Arising Out of PS.Case No. -257 Year- 2014 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Jairam Mahto, Son of Late Bhart Mahto, resident of Village-Lakshmipur, P.S.-Barbigha, District-Sheikhpura.

2. Rajo Devi, Daughter of Jairam Mahto, resident of Village-Laxmipur, P.S.-Barbigha, District-Sheikhpura, Wife of Karu Mahto, at present Saraiya, P.S.-Barbigha, District-Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

The petitioner no. 1 is the father-in-law and petitioner no. 2 is the sister of the husband of the deceased. From the First Information Report, it appears that the deceased was married to the son of the petitioner no. 1 nearly 20 years before the date of occurrence. Learned counsel appearing on behalf of the petitioners submits that the implication of these two

Patna High Court Cr.Misc. No.48241 of 2014 (2) dt.23-04-2015 2/2 petitioners in the present case is based on mere suspicion and hypothesis. He has submitted that there is no allegation of any overt act against these petitioners.

In view of the submission, as above, the application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Shikhpura, in connection with Barbigha P.S. Case No. 257 of 2014, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) Praveen-II/- U T