Prabhu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60643 of 2022 Arising Out of PS. Case No.-409 Year-2021 Thana- MADHAURAH District- Saran ====================================================== 1.
Prabhu Mahto S/O Ram Janam Mahto Resident Of Village- Channa P.S Morhowrah District Saran At Chapra 2.
Pawdharo Devi W/O Prabhu Mahto Resident Of Village- Channa P.S Morhowrah District Saran At Chapra 3.
Basanti Kumari D/O Prabhu Mahto Resident Of Village- Channa P.S Morhowrah District Saran At Chapra 4.
Rekha Devi D/O Upendra Kumar Resident Of Village- Channa P.S Morhowrah District Saran At Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in connection with Morhowrah P. S. 409 of 2021 registered for the offences punishable under Sections 304B, 201 read with Section 34 of the Indian Penal Code.
As per the prosecution case, the petitioners along with
Patna High Court CR. MISC. No.60643 of 2022(3) dt.08-02-2023 2/3 co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfilment of the demand of Rs. 50,000/- as dowry. Thereafter, the dead body of the deceased was disappeared by the accused persons including the petitioners.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. In fact, no such occurrence as alleged has ever taken place. There is general and omnibus allegation against the petitioners. The petitioner no. 1 is father-in-law, petitioner no. 2 is mother-inlaw, petitioner no. 3 is unmarried sister-in-law (Nanand) and petitioner no. 4 is gotani of the deceased. The name of the petitioners have been dragged in this on mere suspicion. The husband of the deceased is already in custody. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners no. 2, 3 & 4 are ladies. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioners. Considering the aforesaid facts and circumstances as well as the general and omnibus allegation, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-
Patna High Court CR. MISC. No.60643 of 2022(3) dt.08-02-2023 3/3 bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran, Chapra in connection with Morhowrah P. S. 409 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. The application stands allowed.
(Chandra Prakash Singh, J) shakir/- U T