Sumodh Mahto @ Simed Mahto And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.41629 of 2014 (2) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41629 of 2014 Arising Out of PS.Case No. -88 Year- 2014 Thana -DARIYAPUR District- SARAN ======================================================

1. SUMODH MAHTO @ SIMED MAHTO, SON OF YOGENDRA MAHTO, RESIDENT OF VILLAGE - BAJAHIYAN, P.S.

- DARIYAPUR, DISTT. - SARAN.

2. TEMPUL MAHTO @ TEPU MAHTO, SON OF YOGENDRA MAHTO, RESIDENT OF VILLAGE - BAJAHIYAN, P.S.

- DARIYAPUR, DISTT. - SARAN

3. YOGENDRA MAHTO, SON OF LATE BATUK MAHTO, RESIDENT OF VILLAGE - BAJAHIYAN, P.S. - DARIYAPUR, DISTT. - SARAN

4. BANKAURI DEVI @ BANKIARI DEVI, WIFE OF YOGENDRA MAHTO, RESIDENT OF VILLAGE - BAJAHIYAN, P.S.

- DARIYAPUR, DISTT. - SARAN .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sanjay Kr.Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Dariyapur P.S. Case No. 88 of 2014 registered under Section 304B/34 of the Indian Penal Code.

The accusation is of killing of sister of informant, Dharmendra Mahto, by her husband and in-laws due to nonfulfillment of demand of dowry of Rs.50,000/-. Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.41629 of 2014 (2) dt.04-03-2015 petitioner nos. 1 and 2 are brother-in-law, petitioner no. 3 is father-in-law and petitioner no. 4 is mother-in-law of the deceased and they have falsely been implicated in this case with general and omnibus allegation of demand of dowry. It is also submitted that, in fact, Santosh Mahto, used to reside separate with his wife (deceased) and due to ulterior motive petitioners have also falsely been implicated in this case.

Having considered the facts and circumstances of the case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S. Case No. 88 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T