Baliram Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3540 of 2017 Arising Out of PS.Case No. -369 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Baliram Mahto Son of Late Laxman Mahto

2. Lagan Devi Wife of Baliram Mahto Both are residents of VillageKuldip Nagar, P.S. Chapra(M), District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabindra Nath Singh For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in Chapra(M) P.S. Case No. 369 of 2016 instituted for the offences under Sections 304(B), 34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that petitioners are father-in-law and mother-in-law of the deceased. The husband of the deceased is already in custody. There is general and omnibus allegation against the petitioners.

From the written report, it appears that the deceased has performed love marriage with the son of the petitioners namely Vikash Mahto. She was being tortured in her matrimonial house for non-fulfilment of demand of dowry. It is alleged that on 07.10.2016, the son-in-law of the informant

Patna High Court Cr.Misc. No.3540 of 2017 (2) dt.06-02-2017 2/2 namely Vikash Mahto informed to the informant that his daughter is seriously ill and when the informant went there, he found his daughter dead.

Learned Sessions Judge has mentioned in the impugned order that in para 43 of the case diary, the postmortem report reflects the cause of death as hanging. In the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners being father-in-law and mother-in-law and the cause of death has been opined as hanging in the postmortem report as mentioned in the order of learned Sessions Judge, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Chapra(M) P.S. Case No. 369 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sanjay Priya, J) Shageer/- U T