Jairam Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16943 of 2025 Arising Out of PS. Case No.-437 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Jairam Mahto S/o Late Rambahadur Mahto Resident of village- Madhuban Aashram, P.S.- Chiraiya, District- East Champaran 2.

Moti Devi W/o Jairam Mahto Resident of village- Madhuban Aashram, P.S.- Chiraiya, District- East Champaran 3.

Puja Devi @ Puja Kumari W/o Pramod Kumar R/o vill- Chhaurahiya, P.s.- Majhauliya, Distt.- West Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2025 Heard learned counsel for the parties.

2. The petitioners apprehend arrest in a case registered for the offence punishable under sections 80, 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. It is a case of dowry death. Informant's daughter was married with Virwansh Kumar in 2023. After sometime, petitioners and their family members started subjecting the victim to cruelty and harassment for non-fulfilment of demand of dowry. On 30.10.2024 when informant went to her matrimonial house, he found that his daughter was killed by the accused persons.

4. Learned counsel for the petitioners 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. Petitioners no. 1 and 2 are father-in-law and mother-in-

Patna High Court CR. MISC. No.16943 of 2025(3) dt.01-05-2025 2/2 law and petitioner no.3 is married nanad of the deceased. It is further submitted that the petitioners are separate in mess and business. Thrust of allegation is against the husband of the deceased who has surrendered on 22.4.2025.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let these petitioners, as 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, Sikrahana at Dhaka, East Champaran in Chiraiya Police Station Case No. 437 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T