Ranjan Mahto And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.5331 of 2018 (2) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5331 of 2018 Arising Out of PS.Case No. -211 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Ranjan Mahto, S/o Late Munsi Raut,

2. Manti Devi W/o Ranjan Mahto, All R/o village- Rani Munipur, P.S.- Islampur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2018 Heard both sides.

The petitioners apprehend their arrest in Islampur P.S. Case No.211 of 2017 registered under Section 304(B), 201 and 34 of the Indian Penal Code.

The informant alleged that his sister was married to Dipak Kumar in the month of April, 2016 but the husband and other in-laws assaulted his sister while she was pregnant and consequently she died.

The learned counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law of the deceased. Since the deceased was suffering from different ailments, she was admitted in P.M.C.H. for treatment. The informant filled the bond before the doctor for treatment. The sister of the informant died

Patna High Court Cr.Misc. No.5331 of 2018 (2) dt.02-02-2018 and the informant participated in the cremation but later on, the informant lodged the case making false allegation of demand of dowry and torture.

The learned Additional P.P. vehemently opposed the prayer for bail but it appears from perusal of Annexure 2 that the informant himself has filled bond for treatment of his sister, whose condition was precarious. The doctor of P.M.C.H. also issued death certificate when the sister of the informant died after treatment.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Islampur P.S. Case No.211 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T