Dhanik Lal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16845 of 2022 Arising Out of PS. Case No.-545 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== 1.
Dhanik Lal Mahto Son Of Ram Prasad Mahto.
2.
Satni Devi @ Rani Devi W/o Dhanik Lal Mahto, both are Resident of Village - Bhatavari, P.s.- Phulparas, Distt. - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None.
For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 No one appears for the petitioners. Learned APP is present.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Section 304(B), 201 read with Section 34 of the Indian Penal Code in connection with Phulparas P.S. Case no.545 of 2020 (G.R. No.2172 of 2020). As per the FIR, the daughter of the informant (deceased) was married to one Sheo Kumar Mahto but was tortured for dowry right from the marriage year 2020. The further allegation is that for want of motorcycle and Rs.2,00,000/- she was killed on 28.11.2020 as also the dead body was cremated.
Patna High Court CR. MISC. No.16845 of 2022(7) dt.12-09-2022 2/3 As per the averment made in the bail application the petitioners herein are mother-in-law and father-in-law and have nothing to do with the marital discord between the couple living separately (as stated in para-8 of the bail application). Taking into account the aforesaid facts that they are mother-in-law and father-in-law are in judicial custody since 05.01.2022, this Court is inclined to grant them privilege of bail. Let both the petitioners be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Phulparas P.S. Case no.545 of 2020 (G.R. No.2172 of 2020) to the satisfaction of learned A.C.J.M.,IInd, Jhanjharpur, Madhubani, subject to following conditions:
(i) one of the bailor should be the family member of the petitioners, who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of their bail by the Trial court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,
Patna High Court CR. MISC. No.16845 of 2022(7) dt.12-09-2022 3/3 failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T