Suresh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39000 of 2025 Arising Out of PS. Case No.-191 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Suresh Mahto S/O Late Ramayan Mahto Resident of village- Panditpur, PSPipra Kothi, District- East champran at Motihari 2.
Pawan Mahto S/O Suresh Mahto Resident of village- Panditpur, PS- Pipra Kothi, District- East champran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. In this present case, the petitioners seek bail in connection with Piprakothi P.S. Case No. 191 of 2024 registered on 31.08.2024 for the offences under Sections 80, 61(2), 238 and 3(5) of the B.N.S.
3. As per prosecution case, daughter of the informant was married with son of petitioner no.1 on 09.05.2022. The petitioners and other co-accused used to demand of Rs. 1,00,000/- as dowry and a motorcycle and further used to torture the daughter of the informant. On non-fulfillment of demand, daughter of the informant was assaulted and after killing her, her dead body was thrown on the railway track.
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been
Patna High Court CR. MISC. No.39000 of 2025(2) dt.25-06-2025 2/3 falsely implicated in this case. The petitioners earlier moved before this Court for grant of anticipatory bail and their petition was allowed. However, due to communication gap, the petitioners, who were arrested prior to hearing of the anticipatory bail petition and this fact could not be brought to the notice of the Court and anticipatory bail was granted to the petitioners and other coaccused persons. Learned counsel further submits that petitioners are father-in-law and brother-in-law of the deceased, respectively. The husband of the deceased is already in custody since 17.09.2024. There is no specific allegation against the petitioners and the allegations are general and omnibus. The petitioners never demanded any dowry nor assaulted the deceased and they have no concern with the alleged occurrence. The petitioners are in custody since 20.03.2025 and charge-sheet has been submitted. Petitioner no.1 is having one criminal antecedent and petitioner no.2 is having clean antecedent.
5. Learned A.P.P. opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioners are stated to be in-laws of the deceased and further considering the fact that co-accused husband of deceased is already in custody and also considering the period of custody of
Patna High Court CR. MISC. No.39000 of 2025(2) dt.25-06-2025 3/3 the petitioners and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, East Champaran, Motihari/concerned court in connection with Piprakothi P.S. Case No. 191 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T