Anup Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29081 of 2020 Arising Out of PS. Case No.-228 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== ANUP MAHTO, Son of Late Shankar Mahto, Resident of Village- Piyarma Purkhauli, P.S.- Vaishali, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 304B, 201, 120B and 34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with co-accused Kundan Mahto in the 2014 and after that, all of the in-laws including these petitioners started demanding dowry and due to non-fulfillment of the same, in the night of 29.06.2018 at about 10 PM, she was killed by all the accused persons including this petitioner. It is further alleged

Patna High Court CR. MISC. No.29081 of 2020(2) dt.03-12-2020 2/3 that on 29.06.2018, informant received a call from cousin of the co-accused, Kundan Mahto, that his daughter was seriously ill and when the informant went there, the daughter of the informant died and her dead body was hurriedly disposed without waiting for them.

It is submitted on behalf of the petitioner that the petitioner happens to be the father-in-law of the deceased aged more than 73 years, there is general and omnibus allegation against him. It is further submitted that petitioner is living separately and has got no concern with the affairs of the deceased. Moreover, it is submitted that the husband of he deceased is already in custody. It is stated in paragraph no.3 of the bail petition that petitioner has got clean antecedent. Learned counsel for the State, on the other hand, opposes the prayer for bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Vaishali in Lalganj Police Station Case No. 228 of 2018, G.R. No. 3158 of 2018,

Patna High Court CR. MISC. No.29081 of 2020(2) dt.03-12-2020 3/3 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ankit/- U T