Shaukhilal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40612 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -SAHIYARA District- SITAMARHI ====================================================== Shaukhilal Mahto Son of Late Mahant Mahto, R/o Village - Maudah, P.S.- Sahiyara, District- Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 10.06.2017 in connection with Sahiyara P.S. Case No. 94 of 2017 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.
The prosecution case is, as lodged by the informant, is that his sister Manju Devi was married to one Raj Narayan Mahto 10 years back and throughout she was subjected to torture for non-fulfilment of demand of dowry by her husband and in-laws and ultimately they put kerosene oil on her body and burnt her. The victim lady died in the
Patna High Court Cr.Misc. No.40612 of 2017 (2) dt.31-08-2017 2/3 hospital.
It has been submitted by the learned counsel for the petitioner that he is the father-in-law of the deceased Manju Devi and only general and omnibus allegation has been levelled against him. He submits that the husband of the deceased is already in custody and no specific allegation of torture or assault has been levelled against the petitioner. However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sahiyara P.S. Case No. 94 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned Court below on each and every date and
Patna High Court Cr.Misc. No.40612 of 2017 (2) dt.31-08-2017 3/3 failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T