Bhulan Mahto And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40535 of 2016 Arising Out of PS.Case No. -199 Year- 2013 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Bhulan Mahto, son of Late Ram Raj Mahto
2. Bhuali Mahto @ Bhulai Devi, wife of Bhulan Mahto
3. Bhola Mahto, son of Bhulan Mahto
4. Rakesh Mahto, son of Bhulan Mahto
5. Chhathia Devi, wife of Bhola Mahto. All are residents of VillageBaswaria, Police Station- Lauria, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Chhotelal Mahto, son of Dasai Mahto, resident of Village- Baithania, Police Station- Majhaulia, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiv Kumar Dwivedy, Advocate For the Opposite Party/s : Mr. Smt. Sahin Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Lauria P.S. Case No. 199 of 2013, disclosing offences under Sections 304B, 201 and 120B of the Indian Penal Code. The petitioner No. 1 is the father-in-law and petitioner No. 2 is mother-in-law of the deceased. Petitioners No. 3 and 4 are the brothers of the husband of the deceased, whereas petitioner No. 5 is wife of petitioner No. 3.
Learned counsel appearing on behalf of the petitioner
Patna High Court Cr.Misc. No.40535 of 2016 (2) dt.22-09-2016 2/3 has submitted that the First Information Report has been registered under Section 156(3) of the Code of Criminal Procedure after compliant petition filed by the brother of the deceased, was referred to the Police by learned Judicial Magistrate. He has also submitted that the husband of the deceased has been granted regular bail by this Court vide order dated 27.06.2014 passed in Criminal Miscellaneous No. 20228 of 2014, referring to the contents of the complaint petition, it has been submitted that allegation of demand of dowry and torture therefor are vague in nature.
I find substance in the submissions advanced on behalf of the petitioners, this application is, accordingly, allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Lauria P.S. Case No. 199 of 2013, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may
Patna High Court Cr.Misc. No.40535 of 2016 (2) dt.22-09-2016 3/3 be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T