Ram Sobhit Mahto @ Ram Shobhit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25094 of 2020 Arising Out of PS. Case No.-91 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== RAM SOBHIT MAHTO @ RAM SHOBHIT MAHTO Son of Late Jagdish Mahto Resident of Village- Kalyanpur Baitipar, Ward No.12, Police StationBibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Bibhutipur P.S. Case No.91 of 2020 registered under Sections 304B and 34 of the Indian Penal Code.

The informant alleged that she got her niece Shobha Devi married with Kanhaiya Mahto, the son of the petitioner in the year 2019. Her brother-in-law gifted many articles including cash to his daughter and the son-in-law but some days after her marriage, her husband(Kanhaiya Mahto), father-in-law(Ram Shobhit Mahto), mother-in-law(Asha Devi) and others started subjecting her to physical and mental torture. When the father of the deceased went to bring his daughter but he could not bring his daughter on account of lockdown. On 22.04.2020, the informant was informed on her mobile that her niece was done to death by strangulation/hanging.

The learned counsel for the petitioner submits that petitioner is father-in-law of the deceased. Petitioner has no

Patna High Court CR. MISC. No.25094 of 2020(3) dt.16-10-2020 2/2 manner of concern with the family affairs of his son and the daughter-in-law. The petitioner never demanded any dowry nor tortured his daughter-in-law. Petitioner has been living separately but it appears from perusal of the F.I.R. and the case diary that the marriage was solemnised in the year 2019. Within one year from the date of marriage of the deceased, the deceased was done to death in her in-laws house. From perusal of the inquest report, it transpired that there was a black ligature mark all around the neck of the deceased and she was killed by tying rope around her neck. The witnesses have also reiterated the same facts that the deceased was subjected to all sorts of torture by her in-laws and the husband.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that the deceased was killed within one year of her marriage in her in-laws house, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T