Shankar Mahto @ Shankar Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13543 of 2016 Arising Out of PS.Case No. -499 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Shankar Mahto @ Shankar Kumar, son of Deo Nath Mahto

2. Saina Kumar, son of Deo Nath Mahto

3. Karu Mahto, son of Deo Nath Mahto

4. Birja Devi, wife of Deo Nath Mahto

5. Laillun Devi, wife of Karu Mahto All are resident of Village-Narayanpur, P.s.-Goshwari, DistrictPatna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2016 Petitioners being brothers, mother and brother's wife of the husband of the daughter of the complainant are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 304B of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of killing the daughter of the complainant after six years of marriage for non-fulfilment of dowry demand.

It is submitted by learned counsel for the petitioners that daughter of the complainant was mentally abrased and she committed suicide on 12.06.2013 leading to

Patna High Court Cr.Misc. No.13543 of 2016 (2) dt.29-03-2016 2/2 registration of the U.D. Case No. 03 of 2013 by the complainant himself but thereafter with malicious accusation the present complaint was filed on 04.07.2013.

Considering the delayed lodging of the complaint and the registration of the U.D case next day of the death of the daughter of the complainant by the complainant himself where no such suspicion was raised against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Complaint Case No. 499(C) of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T