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Patna High CourtCR. MISC./43054/2016bail granted

Amindra Mahto And ANR v. The State Of Bihar

2016-10-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43054 of 2016 Arising Out of PS.Case No. -200 Year- 2015 Thana -NAUHATTA District- SAHARSA =====================================

1. Amindra Mahto, son of Hari Kishun Mahto

2. Baby Devi, wife of Amindra Mahto Both resident of Village - Kedali P.S. - Nauhatta, Distt.- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha, Adv. For the Opposite Party/s : Mr. Narendra Kr. Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Nauhatta P.S. Case No. 200 of 2015, disclosing offences under Sections 304B and 201 read with Section 34 of the Indian Penal Code.

Petitioner No. 1 is the father-in-law and the petitioner No. 2 is the mother-in-law of the deceased. Learned counsel for the petitioners has submitted that though there is allegation of demand of dowry in the First Information Report, but such allegation is not

Patna High Court Cr.Misc. No.43054 of 2016 (2) dt.24-10-2016 2/2 specific against these petitioners. He further submits that considering the nature of accusation and deposition of these petitioners, there is no likelihood that they shall be fleeing from the course of investigation or trial, if they granted the privilege of anticipatory bail.

Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Saharsa, in connection with Nauhatta P.S. Case No. 200 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T