Patna High CourtCR. MISC./39921/2015disposed

Bigan Mahto And ORS v. The State Of Bihar

2016-03-01Mr. Justice Kishore K. Mandal2 pages

Patna High Court Cr.Misc. No.39921 of 2015 (4) dt.01-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39921 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -JALALPUR District- SARAN ======================================================

1. Bigan Mahto

2. Chote Lal Kumar@Chhote Lal kumar Both are s/o Late Ranjan Mahto

3. Sushila Kumar@Sushila Kuer w/o late Rajan Mahto All are R/o VillageNawada P./s Jalalpur District Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anant Kumar Bhaskar For the Opposite Party/s : Mr. Binod Kumar No. 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-03-2016 Heard the counsel for the petitioners and Mr. Binod Kumar, APP for the State.

Petitioners seek anticipatory bail in Jalalpur P.S case no. 55 of 2015 registered under Sections 304(B), 201/34 of the Indian Penal Code.

The father of the victim lodged the case alleging that within one year of her marriage, the victim was done to death in the mysterious circumstances while she was at her matrimonial home. Her body was disposed of. The victim before her death alleged torture both mental and physical on her by the family members on account of non-fulfillment of the

Patna High Court Cr.Misc. No.39921 of 2015 (4) dt.01-03-2016 demand of dowry.

Contention of the petitioners is that they are separate from the husband of the victim. The allegation is general and omnibus. The victim actually died of food poisoning. The husband is in jail on surrender. The APP opposes the prayer and placed the impugned order wherefrom it appears, in course of investigation, witnesses have supported the prosecution case. Considering the seriousness of allegations and the presumption in law that the petitioners committed the offence, I am not persuaded to extend the privilege of anticipatory bail. The application is stands disposed of.

(Kishore Kumar Mandal, J) rohit/- U T