Ramu Mahton @ Rama Mahton And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17244 of 2017 (4) dt.19-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17244 of 2017 Arising Out of PS.Case No. -438 Year- 2015 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. RAMU MAHTON @ RAMA MAHTON, SON OF GULAI MAHTO, RESIDENT OF VILLAGE- BHARRA, P.S. MUFASSIL, DIST.- BEGUSARAI.

2. RAMIA DEVI, WIFE OF RAMU MAHTO, RESIDENT OF VILLAGE BHARRA, P.S. MUFASSIL, DIST.- BEGUSARAI.

3. HASTA DEVI, DAUGHTER OF RAMU MAHTO, RESIDENT OF VILLAGE BHARRA, P.S. MUFASSIL, DIST.- BEGUSARAI.

4. SAMTOLA DEVI, DAUGHTER OF RAMU MAHTO, RESIDENT OF VILLAGE -BHARRA, P.S. MUFASSIL, DIST.- BEGUSARAI.

5. RAJNISH SHARMA, SON OF BINO SHARMA, RESIDENT OF VILLAGE BHARRA, P.S. MUFASSIL, DIST.- BEGUSARAI. .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR.

2. MAMTA DEVI, DAUGHTER OF SRI VILAS SHARMA, RESIDENT OF VEERVAS, POLICE STATIONPASRAHA, DISTRICTKHAGARIA.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar, Advocate. For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 438(C) of 2015, registered under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torturing the complainant-

Patna High Court Cr.Misc. No.17244 of 2017 (4) dt.19-07-2017 opposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and to remove from her matrimonial house.

Learned counsel for the petitioners submits that petitioner nos. 1 and 2 are father-in-law and mother-in-law, petitioner nos. 3 and 4 are daughters-in-law and petitioner no. 5 is brother-in-law of the complainant-opposite party no. 2 and they have falsely been implicated in this case due to misunderstanding. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No. 438(C) of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T