Sudin Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25125 of 2018 Arising Out of PS.Case No. -15 Year- 2017 Thana -HALSI District- LAKHISARAI ======================================================
1. Sudin Mahto S/o Singheswar Mahto,
2. Santosh Mahto S/o Singheshwar Mahto, Both R/o Vill.- Khuriyari, P.S.- Halsi, District- Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.27961 of 2018 Arising Out of PS.Case No. -15 Year- 2017 Thana -HALSI District- LAKHISARAI ======================================================
1. Marni Devi W/o Singheshwar Mahto, R/o Vill.- Khuriari, P.S.- Halsi, District- Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.25125 of 2018) For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Shyameshwar Dayal (In Cr.Misc. No.27961 of 2018) For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 As both the above mentioned cases arise out of same p.s. case and having similar allegations, they are clubbed together and are being disposed of by this common order for the sake of convenience.
The petitioners in both the above mentioned cases are
Patna High Court Cr.Misc. No.25125 of 2018 (4) dt.22-06-2018 2/3 apprehending their arrest in connection with Halsi P.S. Case No. 15 of 2017, registered for offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
Allegation against the petitioners are of demand of dowry and causing the death of the deceased.
It has been submitted on behalf of the petitioners that petitioners in Cr. Misc. No. 25125 of 2018 are elder brother in law and younger brother in law respectively (bhaisur and devar) of the deceased and petitioner in Cr. Misc. No. 27961 of 2018 is mother in law of the deceased and they have nothing to do with the death of the deceased and no specific allegation has been attributed to them and further during investigation, it has come that there was quarrel between the deceased and her husband and due to which she had committed suicide.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners of both the above mentioned cases, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial
Patna High Court Cr.Misc. No.25125 of 2018 (4) dt.22-06-2018 3/3 Magistrate- II, Lakhisarai, in connection with Halsi P.S. Case No. 15 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T