Mahendra Mahto @ Mahendra Prasad Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74428 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- SALAIYA District- Aurangabad ======================================================

1. Mahendra Mahto @ Mahendra Prasad Mahto, Son of Late Ramkrit Mahto,

2. Sushila Devi, Wife of Mahendra Mahto @ Mahendra Prasad Mahto, Both resident of Village- Pirwan, P.S.- Salaiya, District- Aurangabad.

3. Chanchala Devi, Wife of Karuram Prasad, Resident of Village- Manjhar, P.S.- Guraru, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners being the parents and married sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and 3⁄4 of the D.P. Act. The prosecution case is that the marriage between the informant and co-accused Amresh Prasad, was performed on 28.05.2013. Subsequently, demand of further dowry of Rs.

Patna High Court Cr.Misc. No.74428 of 2018(2) dt.10-01-2019 2/3 4,00,000/- was made and due to non-fulfillment of the same, torture was inflicted upon the informant. It is further alleged that the husband and other in-laws family members tried to administer poison to the informant through mixing that into tea. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general in nature against the petitioners. It is further submitted that the petitioners claim to be separate from the husband of the informant. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioners are named in the FIR.

Considering the fact that the thrust of accusation is against the husband of the informant, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Aurangabad, in connection with Salaiya P.S. Case No.48 of 2018, subject to the

Patna High Court Cr.Misc. No.74428 of 2018(2) dt.10-01-2019 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T