Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51815 of 2022 Arising Out of PS. Case No.-174 Year-2021 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

SURESH MAHTO SON OF KAMAL MAHTO RESIDENT OF VILLAGEBEL WARD NO. 6, P.S.- BAIRGANIA, DISTRICT- SITAMARHI 2.

RAM VINAY MAHTO SON OF KAMAL MAHTO RESIDENT OF VILLAGE- BEL WARD NO. 6, P.S.- BAIRGANIA, DISTRICTSITAMARHI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

CHANDRAMA DEVI W/O PRABHU MAHTO RESIDENT OF VILLAGE- SENBARIYA, WARD NO. 1, P.S.- CHIRAUYA, DISTRICTEAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are brothersin-law of the deceased and the informant alleges that his daughter was married to Ranjeet Mahto about 10 years ago and out of the wedlock, four children were born, thereafter husband

Patna High Court CR. MISC. No.51815 of 2022(2) dt.21-10-2022 2/3 of the deceased developed illicit relationship with one Anita Devi and started torturing the deceased, it is next alleged that on 15.08.2021, the accused persons, including the petitioners, committed murder of her daughter and cremated the body without informing the informant as the deceased was protesting against the illicit relationship of her husband with Anita Devi.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case merely because they are brothers of Ranjeet Mahto, it is also submitted that the marriage was 10 years old and in between these 10 years, no complaint or FIR ever came to be instituted against any of the family members which amply demonstrates that the relationship was cordial, it is next submitted that the husband of the deceased has been acquitted by the learned trial court, it is also submitted that the petitioners are separate in mess and property from their brother Ranjeet Mahto. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.51815 of 2022(2) dt.21-10-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bairgania P.S. Case No. 174 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T