Sanjay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33362 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.
SANJAY MAHTO SON OF BIKRAMA MAHATO @ BIKRAMA @ BUTAN MAHTO RESIDENT OF VILLAGE - MAHARANI, POLICE STATIONI - MOHAMMADPUR, DISTRICT - GOPALGANJ 2.
RADHA KUMARI DAUGHTER OF BIKRAMA MAHATO @ BIKRAMA @ BUTAN MAHTO RESIDENT OF VILLAGE - MAHARANI, POLICE STATIONI - MOHAMMADPUR, DISTRICT - GOPALGANJ 3.
REKHA KUMARI DAUGHTER OF BIKRAMA MAHATO @ BIKRAMA @ BUTAN MAHTO RESIDENT OF VILLAGE - MAHARANI, POLICE STATIONI - MOHAMMADPUR, DISTRICT - GOPALGANJ 4.
DURGAWATI KUMARI DAUGHTER OF BIKRAMA MAHATO @ BIKRAMA @ BUTAN MAHTO RESIDENT OF VILLAGE - MAHARANI, POLICE STATIONI - MOHAMMADPUR, DISTRICT - GOPALGANJ 5.
BIKRAMA MAHATO @ BIKRAMA @ BUTAN MAHTO SON OF SUKAN MAHTO RESIDENT OF VILLAGE - MAHARANI, POLICE STATIONI - MOHAMMADPUR, DISTRICT - GOPALGANJ 6.
SUNITA DEVI WIFE OF BIKRAMA MAHTO @ BIKRAMA @ BUTAN MAHTO RESIDENT OF VILLAGE - MAHARANI, POLICE STATIONI - MOHAMMADPUR, DISTRICT - GOPALGANJ ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-05-2024 Heard earned counsel for the petitioners and Sri Pramod Kumar Pandey, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 304(B) & 34 of the Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act.
Patna High Court CR. MISC. No.33362 of 2024(2) dt.22-05-2024 2/3
3. It is a case of 'Dowry Death'. The sister-in-law (lkyh) of the informant, who was married with petitioner no. 1 two years ago, was subjected to torture and harassment by all the accused persons for dowry and ultimately, on 07.11.2023, she was killed by the accused persons.
4. Petitioner no. 1 is husband, petitioner nos. 2 to 4 are sister-in-law (uun), petitioner no. 5 is father-in-law and petitioner no. 6 is mother-in-law of the deceased. There is general and omnibus allegation of demand of dowry and committing torture against petitioners. As a matter of fact, sisterin-law of the informant died a natural death, since she was suffering from Tuberculosis and was under-treatment since September, 2023, but in spite of best efforts, she could not survive and died on 07.11.2023 and thereafter, all the relatives including informant were informed by these petitioners.
5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of petitioners and submits that petitioners are named in the F.I.R. with specific accusation that they demanded dowry and due to non-fulfillment of the same, committed the murder of sister-in-law of informant. The deceased died at her matrimonial house within seven years of marriage.
Patna High Court CR. MISC. No.33362 of 2024(2) dt.22-05-2024 3/3
6. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioners is rejected. (Prabhat Kumar Singh, J) anay U T