Sudarshan Mahto And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1632 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -THAWE District- GOPALGANJ ======================================================

1. Sudarshan Mahto

2. Saheb Mahto Both sons of Sri Bhagwat Mahto

3. Bhagwat Mahto Son of Late Bhup Mahto

4. Rita Devi Wife of Sri Bhagwat Mahto All residents of village - Supauli, Police Station - Sidhwalia in the district of Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Thakur Mahto son of Late Puran Mahto resident of village - Bhusao, Police Station - Thawe in the district of Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsels for the petitioners and the State. The petitioners being brothers and parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B/120B of the Indian Penal Code.

The accusation is of killing the daughter of the informant after two years of marriage for non fulfillment of dowry demands by administering poison.

It is submitted by the learned counsel for the petitioners that there is nothing on record to suggest as who administered poison to the victim. It is further submitted that prior to the

Patna High Court Cr.Misc. No.1632 of 2016 (2) dt.13-01-2016 2/2 registration of the present FIR the parents of the victim filed a petition to the effect that the victim accidentally consumed pesticide and the marriage was performed more than seven years prior to the incident. The petitioners claim to be separate from the husband of the victim and till date postmortem report is not on record.

Considering the thrust of accusation against the husband of the victim, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj in connection with Thawe P.S. Case No.131 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T