Dharo Mahto And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52576 of 2015 Arising Out of PS.Case No. -112 Year- 2015 Thana -GOGRI District- KHAGARIA ======================================================
1. Dharo Mahto S/o Siya Ram Mahton
2. Anita Devi @ Sanju Devi W/o Dharo Mahto.
3. Sintu Mahton S/o Dharo Mahto
4. Mukesh Mahto S/o Bilo Mahton
5. Ranvir Mahton S/o Bilo Mahton
6. Karelal Mahton S/o Chhatari Mahton.
7. Baiju Mahton S/o Late Kamleshi Mahton .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-12-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Gogri (Poura) P.S. Case No. 112 of 2015 registered for offences punishable under Sections 304(B)/201/34 of the Indian Penal Code.
The prosecution case is that the daughter of the informant was married in the year 2010 with co-accused Manish @ Rikesh Mahton and she gave birth to two children. Further on 16.03.2015 the son-in-law of the informant informed him that his daughter fell ill and in way to Patna for treatment, she died and told him to reach at village Poura. When the informant reached at the in-laws
Patna High Court Cr.Misc. No.52576 of 2015 (2) dt.02-12-2015 2/2 home of his daughter he found none at the house. The nearby people have shown their ignorance about the accused persons. The informant has apprehension that the accused persons have caused death of his daughter and grand-daughters.
It has been submitted on behalf of the petitioners that petitioners no. 1 & 2 are father-in-law and mother-in-law respectively and rest of the petitioners are 'Gotia'. The entire allegations are false and concocted. The real fact is that the deceased had died due to illness but due to misconception the allegations have been made and now the matter has been compromised. The petitioners have clean antecedent which finds place at paragraph 3 of the petition Be that as it may, let the petitioners, named above, in the event of their arrest / surrender within a period of eight weeks from today before the Court below, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagari in connection with Gogri (Poura) P.S. Case No. 112 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Nilu Agrawal, J) Prakash/- U T