Shivjee Mahto And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56065 of 2017 Arising Out of PS.Case No. -186 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Shivjee Mahto, S/o Late Gaya Mahto, age about 65 years,

2. Niro Devi @ Nirmala Devi, W/o Shivjee Mahto, aged about 60 years,

3. Manoj Mahto @ Manoj Kumar Mahto, S/o Shivjee Mahto, aged about 31 years,

4. Ragini Kumari @ Ragni Kumari, D/o Shivjee Mahto, aged about 21 years,

5. Urmila Devi, W/o Manoj Mahto, aged about 30 years, All resident of Village- Chaklokman (Ward No.9), P.S.- Dalsingsarai, DistrictSamastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Asha Devi, W/o Late Kamleshwar Mahto, Village- Khaira, P.O.- Udaypur, P.S.- Rosera, Dist- Samastipur, Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Vardhan Narayan For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2018 Heard the learned counsel for the petitioners, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Dalsingsarai P.S. Case No. 186 of 2017 for the offences punishable under sections 304-B and 201 of the I.P.C.

Kajal Kumari, daughter of the informant, was married to Mohan Mahto, sons of petitioner nos. 1 and 2 on 29.04.2016

Patna High Court Cr.Misc. No.56065 of 2017 (3) dt.16-01-2018 2/3 and allegedly due to non fulfillment of demand of Rs. 2,00,000/-, motorcycle and gold chain the petitioners and other accused persons used to assault and torture her and ultimately they burnt her to death.

Submission is of false implication and that the petitioners are father-in-law, mother-in-law, brother-in-law and sisters-in-laws of the deceased having no concern with the deceased and her husband, they are living separately since long, during investigation the witnesses Pushpalata Devi and Ranju Devi, vide paragraphs- 9 and 10 of the case diary, have stated that the petitioners at the relevant time were at the vegetable shop in the market and the deceased committed suicide, witness Sanju Devi, vide paragraph-11 of the case diary, has also stated that the deceased burnt herself and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioners by submitting that against the petitioners also there is allegation and other witnesses have supported the allegation. In the facts and circumstances stated above, considering the statements of the aforesaid witnesses, the petitioners, in case of their arrest or surrender within a period of

Patna High Court Cr.Misc. No.56065 of 2017 (3) dt.16-01-2018 3/3 four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M, Dalsingsarai in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T