Ram Babu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10033 of 2020 Arising Out of PS. Case No.-134 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== 1.

Ram Babu Mahato S/o Jagarnath Mahato R/o village- Pansalwa (Gopinathpur), P.S.- Baruraj, District- Muzaffarpur 2.

Raghu Mahato S/o Darbari Mahato R/o village- Pansalwa (Gopinathpur), P.S.- Baruraj, District- Muzaffarpur 3.

Suby Kumari @ Suby (Devi) Kumari D/o Chanar Mahato R/o villagePansalwa (Gopinathpur), P.S.- Baruraj, District- Muzaffarpur 4.

Ruby Devi D/o Chanar Mahato, W/o Mahesh Mahato R/o village- Kathiya, P.S.- Kathiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Baruraj PS case no. 134 of 2019 registered for the offences punishable under Sections 304(B)/34 of Indian Penal Code.

The allegation is regarding the accused persons having killed the deceased victim lady on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioners has

Patna High Court CR. MISC. No.10033 of 2020(2) dt.03-03-2020 2/3 submitted that the petitioner no. 1 and 2 are agnates, petitioner no. 3 is unmarried sister-in-law of the deceased victim lady and petitioner no. 4 is married sister-in-law of the deceased victim lady and all the aforesaid petitioners are stated to be having clean antecedent. It is further submitted that the petitioners are having no role to play in the alleged incident, however upon a query made by this Court as to whether the husband of the deceased victim lady has surrendered or not, it has been stated that the husband of the deceased victim lady has yet not surrendered, however he submits that the present petition be disposed off with observation that immediately upon surrender of the husband of the deceased victim lady, the petitioners be granted the privilege of anticipatory bail.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, I deem it fit and appropriate to dispose off the present petition with a direction that in case, the petitioners produce the proof of surrender of the husband of the deceased victim lady before the learned court below, they shall be granted the privilege of anticipatory bail, subject to such conditions as may be deemed fit and proper to be imposed by the learned court of J.M. 1st class, Muzaffarpur in connection

Patna High Court CR. MISC. No.10033 of 2020(2) dt.03-03-2020 3/3 with Baruraj PS case no. 134 of 2019.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T