Birju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27011 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- NARHATT District- Nawada ====================================================== 1.

Birju Mahto Son of Jageshwar Mahto Resident of Village - Kazipura, P.S. - Narhatt, District - Nawada 2.

Bhatni Devi Wife of Birju Mahto Resident of Village - Kazipura, P.S. - Narhatt, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indradeo Prasad For the Opposite Party/s :

Mr. Shantanu Kumar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

30-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in Narhat P.S. Case No. 150 of 2020, registered for the offence under Section 304(B)/34 of the Indian Penal Code.

It is case of dowry death and petitioners are father-inlaw and mother-in-law respectively of the deceased. It is submitted on behalf of petitioners that there is general and omnibus allegation of demand of dowry. In fact, the deceased committed suicide by hanging and petitioners have been falsely implicated in this case. Petitioners are father-in-law and mother-in-law of the deceased. They were living separately and had nothing to do with the family affairs of the deceased. Petitioners are in custody since 20.06.2020.

Patna High Court CR. MISC. No.27011 of 2021(2) dt.30-07-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances and period of custody, the bail petition of petitioners is allowed. Let the above named petitioners be released 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 learned Judicial Magistrate 1st Class, Nawada in connection with Narhat P.S. Case No. 150 of 2020, on the following conditions: "(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T