Bateshwar Mahto @ Batesar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49447 of 2025 Arising Out of PS. Case No.-273 Year-2024 Thana- PANDARAK District- Patna ====================================================== 1.

Bateshwar Mahto @ Batesar Mahto S/o Karu Mahto R/o vill - Paithanichak, P.S.- Pandarak, Distt.- Patna 2.

Jitani Devi W/o Bateshwar Mahto @ Batesar Mahto R/o vill - Paithanichak, P.S.- Pandarak, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Pandarak P.S Case No. 273 of 2024, registered for the offences punishable under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that her daughter was married to Ranjan about three years ago and after marriage, her in-laws used to assault and torture for non-fulfilment of dowry demands, further on 23-112024 the informant received an information that her daughter

Patna High Court CR. MISC. No.49447 of 2025(3) dt.23-09-2025 2/3 has been killed by her in-laws and her body has been concealed, further the mobile number of her daughter was also switched off, thereafter on coming to know about the death of her daughter, the informant came to the place of occurrence, where she was informed that the victim was killed in broad daylight on 21-11-2024.

4.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners are elder brother-in-law and sister-in-law (gotni) of the deceased. It is further submitted that petitioners reside separately from the husband of the deceased and the husband of the deceased is in custody. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of demand of dowry and torture is general and omnibus in nature. It is submitted that no doubt the death took place within three years of marriage, but then, all deaths are not dowry deaths and whenever any dispute arises in between the husband and the wife, the entire family members are implicated in a mechanical manner with general and omnibus allegations.

5.

The Learned APP opposes the anticipatory bail application and submits that investigation in the case is

Patna High Court CR. MISC. No.49447 of 2025(3) dt.23-09-2025 3/3 continuing and the body was not found from the matrimonial home of the deceased rather after killing the deceased, her body was thrown in the Ganga from where the same was recovered in a mutilated condition. It is next submitted that even process under Sections 82 and 83 Cr.P.C has been issued and executed which amply demonstrates that petitioners are absconding. 6.

Considering the submission made by learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.

7.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) Sumit/- U T