Bali Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48173 of 2022 Arising Out of PS. Case No.-323 Year-2021 Thana- BARHARIA District- Siwan ====================================================== 1.

BALI MAHTO Son of Late Manogi Mahto Resident of village - Kailatola Kailgarh, P.S.- Barharia, District - Siwan.

2.

Ramraj Mahto Son of Bali Mahto Resident of village - Kailatola Kailgarh, P.S.- Barharia, District - Siwan.

3.

Rajali Devi @ Rajani Devi Wife of Bali Mahto Resident of village - Kailatola Kailgarh, P.S.- Barharia, District - Siwan. 4.

Hare Krishna Son of Bali Mahto Resident of village - Kailatola Kailgarh, P.S.- Barharia, District - Siwan.

5.

Sita Ram Son of Bali Mahto Resident of village - Kailatola Kailgarh, P.S.- Barharia, District - Siwan.

6.

Babita Devi Wife of Hare Krishna Mahto Resident of village - Kailatola Kailgarh, P.S.- Barharia, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Barharia P.S. Case no. 323 of 2021 instituted for the offence punishable under Sections 304(B), 201, 504, 342, 34 of the Indian Penal Code.

It is a case of dowry death of informant's sister-in-law

Patna High Court CR. MISC. No.48173 of 2022(2) dt.15-12-2022 2/3 due to non-fulfillment of dowry demand.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner is innocent and has committed no offence. They have got no criminal antecedent. These petitioners are in-laws of the deceased due to which the name of the petitioners have been sprang up in this case. It is further submitted that petitioners have no concern with mess and business of the deceased and living separately from deceased and his husband. The main responsibility to maintain his wife and too live with dignity is upon husband of the deceased. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Barharia P.S. Case no. 323 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Siwan subject to the conditions as laid

Patna High Court CR. MISC. No.48173 of 2022(2) dt.15-12-2022 3/3 down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) aman/shubhamU T