Wakil Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40262 of 2020 Arising Out of PS. Case No.-101 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== 1.
Wakil Mahato, aged about 50 years, Male, Son of Hira Mahato, Resident of Ramnagar, Bairiya, P.S.- Nautan, District-West Champaran. 2.
Shila Devi, aged about 45 years, Female, Wife of Wakil Mahato, Resident of Ramnagar, Bairiya, P.S.- Nautan, District - West Champaran. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Bimlesh Kumar Pandey, Advocate.
For the Opposite Party :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B) and 120(B) of the I.P.C.
The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.40262 of 2020(2) dt.08-04-2021 2/3 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is said to be the Mediator in respect of marriage of the deceased. The petitioner no. 2 is the wife of petitioner no. 1. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The informant has filed a petition in the learned court below where he has retracted from his earlier statement made in the F.I.R. The said application is Annexure-2 to the present application. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) only each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeIV, Bettiah, West Champaran, in connection with Nautan P.S.
Patna High Court CR. MISC. No.40262 of 2020(2) dt.08-04-2021 3/3 Case No. 101 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T