Suresh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22998 of 2025 Arising Out of PS. Case No.-191 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Suresh Mahto Son of Ramayan Mahato Resident of Village - Panditpur, P.S. - Piprakothi, District - East Champaran, Motihari. 2.
Malti Devi Wife of Suresh Mahto Resident of Village - Panditpur, P.S. - Piprakothi, District - East Champaran, Motihari. 3.
Pawan Mahato Son of Suresh Mahto Resident of Village - Panditpur, P.S. - Piprakothi, District - East Champaran, Motihari. 4.
Sapna Devi Wife of Pawan Mahato Resident of Village - Panditpur, P.S. - Piprakothi, District - East Champaran, Motihari. 5.
Sikandra Mahato Son of Suresh Mahto Resident of Village - Panditpur, P.S. - Piprakothi, District - East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Pipra Kothi P.S. Case No. 191 of 2024, dated 31.08.2024, lodged under Sections 80, 61(2), 238 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").
3. As per the prosecution, FIR has been lodged against six named accused persons, including the present petitioners,
Patna High Court CR. MISC. No.22998 of 2025(2) dt.30-04-2025 2/3 alleging that they tortured and assaulted the informant's daughter due to non-fulfillment of the dowry demand. Subsequently, they killed the informant's daughter and thrown her body near the railway line.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that the petitioners are family members, and the husband of the deceased, namely Suman Mahato, is already in custody, as stated in paragraph 15 of the bail application. Counsel further submits that the criminal antecedent of petitioner no. 1 is not clean, as one criminal case is pending against him, whereas the criminal antecedents of the remaining petitioners are clean. Counsel also submits that the other family members used to reside separately from the husband and wife (the daughter and son-in-law of the informant).
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. As such, in the present facts and circumstances of this case, let the above-named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
Patna High Court CR. MISC. No.22998 of 2025(2) dt.30-04-2025 3/3 mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of J.M. 1st Class, East Champaran, Motihari, in connection with Pipra Kothi P.S. Case No. 191 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T