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Patna High CourtCR. MISC./25779/2022bail granted

Darogi Mahto v. The State Of Bihar

2022-11-18Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25779 of 2022 Arising Out of PS. Case No.-362 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== 1.

Darogi Mahto S/o Late Domi Mahto Resident of Village- Parihara, P.S.- Bakhri (Parihara O.P.), District- Begusarail. 2.

Munni Devi W/o Darogi Mahto Resident of Village- Parihara, P.S.- Bakhri (Parihara O.P.), District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Randhir Kumar No.1, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.

The petitioners seek regular bail in connection with Bakhri P.S. Case No. 362 of 2021 lodged under Sections 498(A), 304(B)/ 34 of the I.P.C.

As per the prosecution case, the informant has made allegation against 5 named accused persons including the present petitioners that marriage of his daughter had solemnized with the son of the petitioners but subsequently, they started demanding Rs. 2 lac and upon non-fulfillment of demand, they

Patna High Court CR. MISC. No.25779 of 2022(3) dt.18-11-2022 2/3 all in connivance with each other killed the daughter of the informant.

Learned counsel for the petitioners submit that petitioners are innocent and have committed no offence. Learned counsel submits that the said occurrence has taken place in the year 2021 whereas the dispute occurred in the family in the year 2019 itself. By Panchayati of 2019, the petitioners are started living separately from his son. In this regard, a remembrance of partition has also been prepared which is Annexure-2 (Page 21 of the present case). Learned counsel further submits that antecedent of the petitioners are clean. They are father-in-law and mother-in-law of the deceased and in custody since 12.12.2021.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Begusarai in connection with Bakhri P.S. Case No. 362 of 2021 , subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Patna High Court CR. MISC. No.25779 of 2022(3) dt.18-11-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T