Kailash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.977 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Kailash Mahto Son, of Late Leeladhar Mahto 2.

Chandrawati Devi, W/o Kailash Mahto 3.

Ravindra Mahto, Son of Kailash Mahto 4.

Kavita Devi, W/o Dharmendra Mahto All are resident of Village - Sapahi Sagara, P.S.- Raghunathpur (O.P.), Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2021 Heard the counsel for the parties.

Mr. Rajesh Ranjan, the learned Advocate for the petitioners had earlier withdrawn the application of petitioner Nos. 1 and 2 who have been arrested.

The petitioner Nos. 3 and 4 seek bail in anticipation of their arrest in connection with Turkauliya (Raghunathpur)

Patna High Court CR. MISC. No.977 of 2021(3) dt.02-07-2021 2/3 P.S. Case No. 307 of 2020, instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code. The petitioner No. 3 is the brother-in-law of the deceased, whereas the petitioner No. 4 is the sister-in-law of the deceased.

It has been urged on behalf of petitioner Nos. 3 and 4 that they are sought to be prosecuted in this case because of their relationship with the husband of the deceased. They had no say in the life and affairs of the deceased and her husband. It has further been submitted that there is general and omnibus allegation against the petitioner Nos. 3 and 4.

The husband of the deceased is stated to be in custody.

Regard being had to the facts afore-stated, the petitioner Nos. 3 and 4, namely, Ravindra Mahto and Kavita Devi respectively, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.977 of 2021(3) dt.02-07-2021 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Turkauliya (Raghunathpur) P.S. Case No. 307 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. While saying so, this Court has also taken note of the fact that the cause of death was not ascertained even after the postmortem of the deceased and, therefore, the viscera reserved for chemical examination.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T