Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28023 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Dilip Mahto S/O Ram Deyal Mahto @ Ramadayal Sinh Resident Of Village - Chhapra Math, P.S. - Minapur, District - Muzaffarpur. 2.

Manisha Devi W/O Dilip Mahto Resident Of Village - Chhapra Math, P.S. - Minapur, District - Muzaffarpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Arvind Kumar, Advocate For the Opposite Party :

Mr.Ram Sumiran Rai, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 302/120B/34 of the Indian Penal Code.

As per the prosecution case, informant's daughter was married to co-accused Sanjay Mahto, who happens to be her husband. It is alleged that said Sanjay Mahto poured kerosene oil and set her on fire causing her death. Petitioners, who are family members of said co-accused, are alleged to have assaulted her.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.28023 of 2022(2) dt.26-09-2022 2/2 case. There is general and omnibus allegation against the petitioners and no specific overt act has been alleged against them who happen to be dewar and gotini of the deceased. father-in-law and mother-in-law of the deceased. They are separate in mess and business and have no concern with the affairs of the deceased and her husband. Thrust of allegation is against the husband of the deceased, who is already in custody. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 the Chief Judicial Magistrate, Muzaffarpur in Minapur Police Station Case No. 22 of 2021/GR No. 416 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T