Ashok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16592 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

Ashok Mahto Son Of Late Chalitar Mahto Resident Of Village- Sadha Darbar, Naya Tola, Ps- Motipur, Dist- Muzaffarpur 2.

Reena Devi Wife Of Ashok Mahto Resident Of Village- Sadha Darbar, Naya Tola, Ps- Motipur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Jha, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Motipur P.S. case No. 243 of 2023 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

3. Prosecution story, in short, is that the petitioners along with other family members have killed the daughter of the informant for non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.16592 of 2024(2) dt.13-03-2024 2/3

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Petitioner no.1 is the father-in-law and petitioner no.2 is the mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. There is general and omnibus allegation against these petitioners. Learned counsel further submitted that there is no specific allegation of demand of dowry from these petitioners. The specific allegation is attributed against the husband of the deceased who is already in custody. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioners that the petitioners are in custody since 07.09.2023 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, no direct allegation, husband of the deceased already in custody as well as the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.16592 of 2024(2) dt.13-03-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Motipur P.S. case No. 243 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T