Ram Sevak Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36986 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

RAM SEVAK MAHTO Son of Late Sudama Mahto 2.

Sarita Kumari D/o Ram Sevak Mahto 3.

Kavita Kumari D/o Ram Sewak Mahto 4.

Ramavati Devi Wife of Ram Sevak Mahto All Resident of Village - Khajuhatti, Police Station - Baikunthpur, District - Gopalganj.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manisha Kumari Wife of Ajay Mahto, D/o Virgu Mahto Resident of VillageKund Budsi, P.S.-Sidhwalia, District-Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amir Alam, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are father-inlaw, mother-in-law and two unmarried sister-in-laws of the

Patna High Court CR. MISC. No.36986 of 2022(3) dt.19-12-2022 2/3 informant. Learned counsel for the petitioners further submits that petitioners have been falsely implicated in the present case and from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of demand, torture and assault is general and omnibus in nature. Learned counsel next submits that whenever dispute between the husband and the wife arises the entire family members are implicated. Learned counsel also submits that the husband and the informant have been directed to move before the learned Mediator for resolving the dispute and the anticipatory bail application of the husband of the informant is pending before this Court.

Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Baikunthpur P.S.

Patna High Court CR. MISC. No.36986 of 2022(3) dt.19-12-2022 3/3 Case No. 37 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T