Lalan Mahto @ Lalan Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47830 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -PANAPUR District- SARAN ====================================================== Lalan Mahto @ Lalan Kumar Mahto, Son of Shri Kishun Mahto, Resident of Village- Rasauli Turha Tola, Police Station- Panapur, District- Saran (Chapra).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-10-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner being the brother of the husband of the victim is apprehending his arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after one year of the marriage for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that the husband of the victim, Manoj Mahto and the other brother of the husband of the victim have been acquitted

Patna High Court Cr.Misc. No.47830 of 2017 (2) dt.17-10-2017 2/2 vide judgment dated 30.05.2017 passed by learned Sessions Judge, Saran at Chapra in Sessions Trial No. 79 of 2017. Photo copy of the certified copy of the judgment has been brought on record as Annexure-3. It is further submitted that the informant has retracted from the initial version and filed a petition to that effect before the learned Court below.

Considering the fact that the husband of the victim and other brother of the husband have been acquitted, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saran at Chapra in connection with Panapur P.S. Case No. 45 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The learned Court below will cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- U T