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Patna High CourtCR. MISC./19728/2022partly allowed disposal

Bihari Mahto @ Bihari Mandal v. The State Of Bihar

2022-09-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19728 of 2022 Arising Out of PS. Case No.-283 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

Bihari Mahto @ Bihari Mandal Son Of Late Murari Mandal Resident Of Village - Ganeshpur, P.S.- K.Nagar, Distt.- Purnea. 2.

Pawan Mandal @ Pawan Mahto Son Of Late Murari Mandal Resident Of Village - Nipaniya, P.S.- Barhara, Distt.- Purnea. 3.

Ashok Mandal Son Bihari Mahot @ Bihari Mandal Resident Of Village - Nipaniya, P.S.- Barhara, Distt.- Purnea.

4.

Sanjay Mandal @ Sanjay Kumar Mahto Son Of Bihari Mahto @ Bihari Mandal Resident Of Village - Nipaniya, P.S.- Barhara, Distt.- Purnea. 5.

Vedanand Mandal Son Of Genhari Mandal Resident Of Village - Ganeshpur, P.S.- K. Nagar, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioners seeks permission to withdraw the petitioner with regard to

Patna High Court CR. MISC. No.19728 of 2022(2) dt.28-09-2022 2/3 petitioner Nos. 2 and 5 namely Pawan Mandal @ Pawan Mahto and Vedanand Mandal.

Permission is accorded.

Accordingly, the petition with regard to petitioner Nos. 2 and 5 is dismissed as withdrawn. The accusation is of killing the daughter of the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioners that petitioners are father-in-law and brothers-in-law of the deceased. There is general and omnibus allegation against the petitioners. The petitioners live separately from the deceased and they had no concern with the day-to-day affairs of the deceased and her husband. Moreover, the husband of the deceased has already been acquitted by the learned Trial Court.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner Nos. 2 and 5, in the event of their arrest or surrender before

Patna High Court CR. MISC. No.19728 of 2022(2) dt.28-09-2022 3/3 the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Barhara P.S. Case No. 6283 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T