Suresh Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3142 of 2017 Arising Out of PS.Case No. -31 Year- 2014 Thana -KATHAIYA District- MUZAFFARPUR ======================================================
1. Suresh Mahto, Son of late Dhani Mahto
2. Rubi Devi, Wife of Suresh Mahto
3. Sudamiya Kuer @ Sudamiya Devi, Wife of Dhani Mahto
4. Ram Mahto @ Sri Ram Mahto, son of late Darab Matho
5. Naresh Mahto, Son of Ram Mahto@ Sri Ram Mahto All Resident of Village- Kathaiya, P.S. Kathaiya, District Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate. For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code.
It has been submitted that the petitioner Nos. 1, 2 are sister-in-law (Bhabhu) and petitioner No. 3 is mother-in-law whereas petitioners No. 4 and 5 are uncle-in-law of the daughter of the informant.
The complainant herself has filed a petition in the lower court on 3.6.2014 along with affidavit making prayer to
Patna High Court Cr.Misc. No.3142 of 2017 (2) dt.02-02-2017 2/2 exonerate the accused persons from the case.
From the written report itself it appears that there is general and omnibus allegation against the petitioners. The petitioners are family members of the husband of the deceased. Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Kathaiya P.S. Case No. 31 of 2014, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate (West), Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(Sanjay Priya, J) S.Ali/- U T