Patna High CourtCR. MISC./21218/2016allowed

Balmiki Mahto v. State Of Bihar And ANR

2017-01-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21218 of 2016 Arising Out of PS.Case No. -499 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Balmiki Mahto S/o Deonath Mahto Resident of Village- Narayanpur , Police Station - Goshwari, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Newasi Mahto S/o Ram Autar Mahto Resident of Vilalge- Dhamakdobh, Police Station -Goshwari District Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 499 (c) of 2013 registered under Sections498A, 304B of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner and other inlaws of the daughter of the informant is of torture and assault due to non-fulfillment of demand of dowry and ultimately they killed her by pressing her neck.

Learned counsel for the petitioner submits that date of occurrence is 12.06.2013 but complaint has been filed

Patna High Court Cr.Misc. No.21218 of 2016 (5) dt.27-01-2017 2/2 on 04.07.2013. It is further submitted that victim committed suicide as she was mentally ill. It is also submitted that complainant has also lodged a UD Case No. 3 of 2013 stating therein that his daughter committed suicide by hanging due to her mental illness.

Considering the facts and circumstances aforementioned, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Complaint Case No. 499 (C) of 2013 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T