Ramdyal Mahto And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.21678 of 2017 (2) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21678 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Ramdyal Mahto, Son of Late Hira Mahto.

2. Pinki Devi, W/o Ramdyal Mahto,

3. Sushma Devi, D/o Shankar Dyal Mahto, All Resident of Village- Chap Dakin Tola, P.S.- Pachrukhi-Saray O.P., District- Siwan.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Panchrukhi (Saray O.P.) P.S. Case No. 164 of 2016 registered for the offences punishable under Sections 323, 406, 498A/34 of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act. From the complaint petition which was sent to Police Station under Section 156 (3) of the Cr.P.C., it appears that there is general and omnibus allegation against the petitioners for demanding dowry and torturing the complainant/informant. Submission is of false implication and that petitioner no. 1 is the uncle-in-law, petitioner no. 2 is aunt-in-law and petitioner no. 3 is the married nanad of the complainant/informant. The

Patna High Court Cr.Misc. No.21678 of 2017 (2) dt.12-07-2017 petitioners have got no criminal antecedent and in this case mother-in-law and father-in-law have been allowed pre-arrest bail vide Cr. Misc. No. 12220 of 2017 by another co-ordinate Bench of this Court and as such the petitioners deserve sympathetic consideration.

Learned APP fairly submits that mother-in-law and father-in-law have been allowed pre-arrest bail. In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Pachrukhi Saray O.P. P.S. Case No. 164 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T