Beero Mahto @ Birendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15684 of 2022 Arising Out of PS. Case No.-26 Year-2020 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

BEERO MAHTO @ BIRENDRA MAHTO Son of Narayan Mahto Resident of Village- Rohri Babubagicha Bind Toli, Ward No.9, Police StationMahesh Khut, District- Khagaria, At Present resident of Village- Dildarpur, P.S.- Nathnagar, District- Bhagalpur.

2.

Kari Devi W/o Beero Mahto Resident of Village- Rohri Babubagicha Bind Toli, Ward No.9, Police Station- Mahesh Khut, District- Khagaria, At Present resident of Village- Dildarpur, P.S.- Nathnagar, District- Bhagalpur. 3.

Pravesh Mahto @ Ram Pravesh Mahto @ Pradesh Mahto Son of Ashok Mahto Resident of Village- Rohri Babubagicha Bind Toli, Ward No.9, Police Station- Mahesh Khut, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no. 1 is brother-in-law of the deceased, petitioner no. 2 is wife of petitioner no. 1 and petitioner no. 3 is elder

Patna High Court CR. MISC. No.15684 of 2022(2) dt.20-09-2022 2/3 brother-in-law of the deceased and the informant alleges that on 16.02.2020 at about 1:00 PM, the informant on coming to know that her daughter had died went to the field for seeing her dead body where he came to know that the accused persons, including the petitioners, had murdered the deceased.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case as they are related to the husband of the deceased, it is next submitted that informant is not an eye-witness to the occurrence and the allegation of demand of dowry is general and omnibus in nature, it is next submitted that husband is in custody.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.15684 of 2022(2) dt.20-09-2022 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maheshkhunt P.S. Case No. 26 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T