Lalan Mahto And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.29795 of 2014 (2) dt.15-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29795 of 2014 Arising Out of PS.Case No. -53 Year- 2014 Thana -HUSAINGANJ District- SIWAN ======================================================
1. Lalan Mahto Son of Bikrama Mahto
2. Usha Devi Wife of Lalan Mahto
3. Priyanka Kumari Daughter of Lalan Mahto All from 1 to 3 are residents of village-Hasanpura, P.S.-M.H. Nagar, District-Siwan at present resident of C 123, Sitapuri Dabri, New Delhi.
4. Lalmati Devi Wife of Ragho Mahto Resident of Village-Mandrapali, P.S.-Pachrukhi, District-Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Krishna Singh For the Opposite Party/s : Mr. Sanjay Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Hussainganj (M.H. Nagar) P.S. Case No. 53 of 2014 registered for the offences punishable under Sections 313, 406, 420, 494, 498A/34 of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act.
Allegedly, the petitioners and co-accused due to non-fulfillment of demand of cash of Rs. 1,00,000/- and a Pulsar Motorcycle assaulted the informant and further all the valuables were snatched away and she was aborted.
Patna High Court Cr.Misc. No.29795 of 2014 (2) dt.15-01-2015 It is submitted that the petitioners are relatives of the husband of the informant and they have got no concern with the affairs of the informant and her husband, they are living separately and further just after marriage the informant was examined by the doctor and she was found pregnant having 12 weeks fetus at Delhi.
Learned APP submits that the petitioners are not the husband rather they are relatives of the husband. In the facts and circumstances stated above and considering the fact that the petitioners are brother-in-law, sisterin-law, daughter of petitioner no. 1 and mother-in-law of the informant respectively, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Hussainganj (M. H. Nagar) P.S. Case No. 53 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T