Vishwanath Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.226 of 2018 Arising Out of PS.Case No. -109 Year- 2017 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Vishwanath Mahto, S/o Late Jugeshwar Mahto

2. Saraswati Devi, W/o Vishwanath Mahto both Resident of VillageBaruraj, P.S.- Baruraj, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Baruraj PS case no. 109 of 2017 registered for the offences punishable under Sections 341, 323, 304B/34 of Indian Penal Code.

The case of the prosecution is that the accused persons are said to have done to death the victim lady on account of non-fulfilment of demand of dowry.

The learned counsel for the petitioners submits that a bare perusal of the F.I.R. would show that the main allegation is against the husband and the petitioners, who are the mother-in-law and father-in-law of the victim girl, are separate by metes and

Patna High Court Cr.Misc. No.226 of 2018 (3) dt.20-02-2018 2/2 bounds. It is further submitted that the petitioners have clean antecedents.

Having regards to the facts and circumstances of the case, more particularly the fact that the husband is the main culprit in the present case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, 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, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Priti Kumari, Judicial Magistrate-1st class, (West) Muzaffarpur in connection with Baruraj PS case no. 109 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T