Rajendra Mahto And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.501 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================
1. Rajendra Mahto S/o Late Bahadur Mahto
2. Manohar Mahto S/o Rajendra Mahto
3. Gita Devi W/o Manohar Mahto All are residents of Village- Ghoghrahan, P.S.- Saraiya, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-02-2016 Heard Sri Sanjay Kumar, learned counsel for the petitioners and Sri Uma Shankar Prasad Singh, learned A.P.P. Three petitioners, who are petitioner no. 1 father -inlaw, petitioner no. 2 devar (brother of the husband) and petitioner no. 3 wife of petitioner no. 2 respectively apprehending their arrest have prayed for grant of anticipatory bail in connection with Saraiya P.S. Case No. 120 of 2015 registered for the offence punishable under Section 304(B) , 201/ 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that all the petitioners have falsely been implicated. He submits that after the death the informant's side was informed and it was not a
Patna High Court Cr.Misc. No.501 of 2016 (3) dt.15-02-2016 2/2 case of dowry death. He submits that marriage was solemnized prior to seven years of the date of marriage and as such, there is no application of Section 304(B) of the I.P.C. in the present case. Learned A.P.P. has opposed the prayer of bail. On perusal of the order sheet it appears that police after investigation submitted charge sheet against some of the accused persons and case has already been committed to the court of Sessions.
In view of the nature of accusation, I do not find any ground for extending the privilege of anticipatory bail. The petition stands dismissed.
(Rakesh Kumar, J) Praful/- U T