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Patna High CourtCR. MISC./16052/2015rejected

Banshi Mahto @ Bansi Mahto And ANR v. The State Of Bihar

2015-09-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16052 of 2015 Arising Out of PS.Case No. -419 Year- 2014 Thana -BARHARIA District- SIWAN ======================================================

1. Banshi Mahto @ Bansi Mahto S/o Late Dina Nath Mahto

2. Chameli Devi W/o Banshi Mahto Both resident of Village- Sawna, P.s - Barharia, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Barharia P.S. Case No. 419 of 2014 registered for the offence punishable under Section 304-B of the Indian Penal Code. According to the prosecution case, the daughter of the informant was killed within six months of her marriage in her matrimonial home. The post-mortem report would reveal that multiple injuries were found on the body of the deceased and the doctor had opined the cause of death to be strangulation. It has been contended by the learned counsel for the petitioners that the petitioners being in-laws were not living together with the husband of the deceased.

Patna High Court Cr.Misc. No.16052 of 2015 (4) dt.03-09-2015 2/2 On the other hand, learned counsel for the State has opposed the prayer for anticipatory bail. He has submitted that there is sufficient material in the case diary to indicate that the petitioners were living together with the husband of the deceased. Regard being had to the serious nature of allegation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail is rejected. (Ashwani Kumar Singh, J) Pradeep/- U T