Ram Pujan Mahto And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21987 of 2015 Arising Out of PS.Case No. -115 Year- 2013 Thana -SAHPUR District- PATNA ======================================================

1. Surendra Mahto. Son of Ram Pujan Mahto.

2. Bajarangi Mahto @ Bajarangi Kumar. Son of Ram Pujan Mahto. Both Resident of Village - Mubarakpur Krishi Farm, P.S.- Shahpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22121 of 2015 Arising Out of PS.Case No. -115 Year- 2013 Thana -SAHPUR District- PATNA ======================================================

1. Ram Pujan Mahto Son of Late Munna Mahto

2. Raj Kumari Devi Wife of Ram Pujan Mahto Both resident of villageMubarakpur Krishi Farm, P.S.- Shshpur, District- Patna. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.21987 of 2015) For the Petitioner/s : Mr. Binayak Kumar Shrivastav For the Opposite Party/s : Mr. B.Ram(App) (In Cr.Misc. No.22121 of 2015) For the Petitioner/s : Mr. Binayak Kumar Shrivastav For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioner and the State. The petitioners being the brothers and parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the

Patna High Court Cr.Misc. No.21987 of 2015 (2) dt.24-06-2015 2/3 Indian Penal Code.

The accusation is of killing the daughter of the informant after six years of the marriage by administrating poison in presence of other daughter of the informant who is married with own brother of the husband of the victim. The poison was administered on 09.05.2013 when the victim died on 10.05.2013. It is submitted by learned counsel for the petitioners that the informant has admitted in the FIR that he came to know about the occurrence on 10.05.2013 but the written report was submitted on 13.07.2013 to the police. There is omnibus and general allegation against the entire family and accusation of demand of dowry is against the husband of the victim. The informant has subsequently retracted from his initial version and filed a petition to that effect before the learned court below. The same has been brought on record as Annexure-2.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur in connection with Shahpur P.S. Case No. 115 of 2013, subject to the conditions as

Patna High Court Cr.Misc. No.21987 of 2015 (2) dt.24-06-2015 3/3 laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T