Janak Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22810 of 2026 Arising Out of PS. Case No.-415 Year-2025 Thana- JAMOBAZAR District- Siwan ====================================================== 1.
Janak Mahto Son of Late Ramayan Mahto R/o Village - Barhoga Prasotim, Sadru Tola, P.S.- Jamo Bazar, Dist. - Siwan.
2.
Chandi Devi Wife of Janak Mahto R/o Village - Barhoga Prasotim, Sadru Tola, P.S.- Jamo Bazar, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mani Bhushan Kumar Singh, Advocate Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 01-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in connection with Jamo Bazar P.S. Case No. 415 of 2025 instituted for the offences punishable under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, allegation against the petitioners is that they along with their son had killed the daughter of the informant and had even cremated her without disclosing the fact.
4. Learned counsel for the petitioners submits that the petitioners happen to be the father-in-law and mother-in-law
Patna High Court CR. MISC. No.22810 of 2026(4) dt.01-07-2026 2/3 respectively of the deceased. It has further been submitted that the petitioners have no concern with the family affairs of their son and the deceased, however the father of the deceased has lodged the case on mere suspicion. The informant, when came to know about the correct facts, has immediately filed a compromise petition dated 05.02.2026, wherein he has accepted the fact that his daughter had died due to snake-bite and such fact was also supported by the informant's grand children. It has next been submitted that the petitioners, who carries clean antecedents may be released on anticipatory bail.
5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Siwan in connection with Jamo Bazar P.S. Case No. 415 of 2025, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:- (i) One of the bailors will be a
Patna High Court CR. MISC. No.22810 of 2026(4) dt.01-07-2026 3/3 close relative of the petitioners and the other shall be a local resident:
(ii) the petitioners will remain physically present on each and every date fixed by the Court below, if so required by the learned Trial Court and shall cooperate in the investigation;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
(v) If the petitioners, in future, is found to be involved in similar nature of offence, the prosecution shall be at liberty to move for cancellation of their bail bonds.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T