Patna High CourtCR. MISC./12421/2022bail granted

Binay Mahto @ Bijay Nonia v. The State Of Bihar

2022-08-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12421 of 2022 Arising Out of PS. Case No.-109 Year-2021 Thana- BHELDI District- Saran ====================================================== 1.

BINAY MAHTO @ BIJAY NONIA Son of Late Parichhan Mahto Resident of Village - Laganpura, Police Station- Bheldi, District - Saran. 2.

Girja Devi @ Birja Devi Wife of Binay Mahto @ Bijay Nonia Resident of Village - Laganpura, Police Station- Bheldi, District - Saran. 3.

Lalaki Devi @ Sanu Kumari D/o Binay Mahto @ Bijay Nonia Resident of Village - Laganpura, Police Station- Bheldi, District - Saran. 4.

Champa Kumari @ Rani Kumari D/o Binay Mahto @ Bijay Nonia Resident of Village - Laganpura, Police Station- Bheldi, District - Saran. 5.

Sandeep Mahto @ Sanjeet Kumar Son of Binay Mahto @ Bijay Nonia Resident of Village - Laganpura, Police Station- Bheldi, District - Saran. 6.

Baban Mahto Son of Binay Mahto @ Bijay Nonia Resident of Village - Laganpura, Police Station- Bheldi, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2022 Petition for pre-arrest bail of petitioner no. 2,5 and 6 has already been dismissed as withdrawn vide order dated 20.7.2022.

Heard learned counsel for the petitioners no. 1, 3 and 4 and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 304B/201/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.12421 of 2022(3) dt.16-08-2022 2/2 It is a case of dowry death.

Learned counsel for the petitioners no. 1, 3 and 4 submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners and no specific overt act has been alleged against them who happen to be family members of the husband of the deceased. They are separate in mess and business and have no concern with the affairs of the deceased and her husband. Thrust of allegation is against the husband of the deceased, who is already in custody.

Considering the nature of allegation against the petitioners no. 1,3 and 4, in the event of arrest/surrender within six weeks from today, let the petitioners no. 1, 3 and 4, named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Saran at Chapra in Bheldi Police Station Case No. 109/21, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T