Chotu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42737 of 2024 Arising Out of PS. Case No.-768 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

Chotu Mahto S/o Late Vindeshwar Mahto @ Late Bhula Mahto R/o VillageUtari Dhamon, Ward no.08,P.S.-Shahpur Patori, Distt-Samastipur 2.

Chandan Mahto S/o Late Vindeshwar Mahto @ late Bhula Mahto R/o Village-Utari Dhamon, Ward no.08,P.S.-Shahpur Patori, Distt-Samastipur 3.

Ravina Kumari @ Ravina Devi W/o Chotu Mahto R/o Village-Utari Dhamon, Ward no.08,P.S.-Shahpur Patori, Distt-Samastipur 4.

Laxmi Devi W/o Late Vindeshwar Mahto @ Late Bhula Mahto R/o VillageUtari Dhamon, Ward no.08,P.S.-Shahpur Patori, Distt-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Shahpur Patori P.S. Case No.768 of 2023 instituted under Sections 304B, 201 and 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that the daughter of the informant was subjected to torture on regular basis and due to non-fulfillment of additional demand of dowry, she was killed by her in-laws and her dead body was disposed of.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioner nos.1 and 2 are brothers-in-law, petitioner no.3

Patna High Court CR. MISC. No.42737 of 2024(2) dt.07-08-2024 2/2 is sister-in-law and petitioner no.4 is mother-in-law of the deceased. It is further submitted that petitioners had no role to play in the conjugal life of the deceased. The husband of the deceased is already in jail custody. The deceased had committed suicide and the informant and others were present at the time of performance of last rites of the deceased. However, due to ulterior motive, the F.I.R. has been lodged against the petitioners. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Shahpur Patori P.S. Case No.768 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T