Sanjay Mahto @ Sanjay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33531 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- KURSAILA District- Katihar ============================================== 1.

Sanjay Mahto @ Sanjay Kumar Mahto Son of Suleshwar Mahto @ Suleshar Mahto resident of village- Devi Gandhi Ghar, Bind Tola, P.s.- Barari, District- Katihar 2.

Sahogiya Devi Wife of Suleshwar Mahto @ Suleshar Mahto resident of village- Devi Gandhi Ghar, Bind Tola, P.s.- Barari, District- Katihar ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-03-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Kursela P.S. Case No. 82 of 2020 instituted for the offence under Sections 304(B)/120(B)/34 of the Indian Penal Code.

The petitioner no. 1 is the elder brother of the husband of the deceased whereas petitioner no. 2 is the

Patna High Court CR. MISC. No.33531 of 2020(2) dt.10-03-2021 2/3 mother in law of the deceased.

It has been submitted on behalf of the petitioners that a general and omnibus allegation has been levelled against all the members of the family and that also because the relationship of the informant with the petitioners has ended with the death of the deceased.

The husband of the deceased is in custody.

Regard being had to the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Kursela P.S. Case No. 82 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

However it is directed that the petitioners shall participate in the investigation and if the case goes to trial,

Patna High Court CR. MISC. No.33531 of 2020(2) dt.10-03-2021 3/3 they shall participate in the trial. Any attempt on the part of the petitioners to evade the investigation or trial would render their bail liable to be cancelled.

(Ashutosh Kumar, J) sunilkumar/- U T