Mahendra Mistri @ Mahendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61282 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

Mahendra Mistri @ Mahendra Sharma, Son of Late Shyamsundar Mistri, R/o village - Pachauri, P.O. - Pachauri, P.S. - Deepnagar, District - Nalanda 2.

Jani Devi, Wife of Mahendra Mistri @ Mahendra Sharma, R/o village - Pachauri, P.O. - Pachauri, P.S. - Deepnagar, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Advocate Mr. Arvnendra Kumar Thakur, Advocate For the Informant :

Dr. Bipin Chandra, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Deepnagar P.S. Case No. 231 of 2023 registered for the offences punishable under Sections 498(A), 304 (B), 201, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. As per the prosecution case, the daughter of the informant was got married with co-accused Manish Kumar four years ago. The informant got a call from the brother-in-law of

Patna High Court CR. MISC. No.61282 of 2023(3) dt.15-12-2023 2/3 the husband of the victim that the victim met an accident by falling from the motorcycle. Allegation against the petitioners is that they alongwith other co-accused persons killed and cremated the dead body of the daughter of informant for nonfulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that petitioners are the father-in-law and mother-in-law of the deceased. They have been falsely implicated in this case being in-law of the victim. The petitioners are old persons and are residing separately with their elder son. They have no concern with the family affairs of the victim and the husband of the victim is already in judicial custody. It is further stated that there was no complaint made about the dowry demand earlier to the occurrence. Petitioners have no criminal antecedent.

5. Learned APP assisted by learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on

Patna High Court CR. MISC. No.61282 of 2023(3) dt.15-12-2023 3/3 furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Deepnagar P.S. Case No. 231 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T