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Patna High CourtCR. MISC./12611/2017bail granted

Ritesh Mahto @ Ritesh Kumar And ORS v. State Of Bihar And ANR

2017-03-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12611 of 2017 Arising Out of PS.Case No. -194 Year- 2016 Thana -SONBERSA District- SITAMARHI ======================================================

1. Ritesh Mahto @ Ritesh Kumar son of Mahanjee Mahto

2. Neetu Kumari daughter of Mahanjee Mahto

3. Mahanjee Mahto son of Late Jagdev Mahto

4. Raj Kumari Devi wife of Mahanjee Mahto All petitioners are resident of village - Jaynagar, P.S. Sonbarsa, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tetari Devi wife of Jay Kishore Mahto resident of village Jay Nagar, P.S. Sonbarsa, District - Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Santosh Kumar, Advocate. For the Informant : Mr. Birendra Kumar, Advocate. For the State : Mr. Mritunjay Kumar Nirala, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioners, learned counsel for the informant and the learned APP for the State. The petitioners are apprehending their arrest in connection with Sonbarsa P.S. Case No. 194 of 2016 registered for the offences punishable under Sections 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioners that there is no specific allegation against the petitioners and they are in-laws of the opposite party no.2. Earlier a case has been lodged by the petitioners against the opposite party no.2 for making conspiracy and getting petitioner no.2 kidnapped. Heard the learned APP also.

Having heard both sides, in view of the fact that

Patna High Court Cr.Misc. No.12611 of 2017 (2) dt.30-03-2017 2/2 there is no specific allegation against the petitioners and they are brother-in-law and sister-in-law of the opposite party no.2, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No. 194 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Mishra/- U T