Patna High CourtCR. MISC./52772/2016disposed

Jiya Lal Mahto And ORS v. The State Of Bihar

2016-12-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52772 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Jiya Lal Mahto,S/o Bipat Mahto

2. Bipat Mahto, S/o Late Sanpat Mahto

3. Gulabiya Devi, W/o Bipat Mahto

4. Sri Mahto, S/o Late Sanpat Mahto All are R/o Vill. Tajpur, P.S. Baruraj, Dist. Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the State : Mr. Dashrath Mehta, (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2016 Learned counsel for the petitioners submits that the application of petitioner no. 2, Bipat Mahto, has become infructuous, since he has already been apprehended by the Police. In view of the above submission, the application of petitioner no. 2, Bipat Mahto, is dismissed, as infructuous. Heard learned counsel for the petitioner nos. 1, 3 and 4 and learned counsel for the State.

The petitioners apprehend their arrest in connection with Baruraj P.S. Case No. 95 of 2016 registered under Sections 304(B), 201 and 34 of the I.P.C. pending in the Court of Judicial Magistrate, 1st Class, Muzaffarpur.

The accusation is that daughter of the informant, Reema Devi, is killed by her husband and in-laws' due to non-

Patna High Court Cr.Misc. No.52772 of 2016 (2) dt.06-12-2016 2/2 fulfillment of demand of dowry and disposed of the dead body. Submission is that petitioners Jiya Lal Mahto, Gulabiya Devi and Sri Mahto are husband, mother-in-law and cousin father-in-law of the deceased and have falsely been implicated in this case. It is also submitted a compromise petitioner has been filed by the informant in Court below. Admittedly, the deceased, daughter of the informant, died within 4 years of her marriage.

Having considered the facts and circumstances of the case, I am not inclined to allow the prayer of the petitioners for anticipatory bail. Accordingly, prayer of the petitioners is rejected. However, the petitioners are directed to surrender before the Trial Court and seek regular bail, which shall be considered without being prejudiced by this order on merit.

(Rajendra Kumar Mishra, J) Shail/- U T