Murari Mahto @ Girja Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57412 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== MURARI MAHTO @ GIRJA MAHTO Son of Balo Mahto Resident of Village - Paijuna, P.S.- Akbarpur, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2019 Heard both sides.

The petitioner apprehends his arrest in Akbarpur P.S. case No. 127 of 2019 registered under Section 304B, 201/34 of the IPC.

The informant, brother of the deceased, alleged that his sister was married with Babloo Kumar, son of Shital Mahto, in the year 2013 but after marriage her husband and other inlaws subjected her to all sorts of torture. On 09.04.2019 the informant got information that his sister was done to death and her dead body was cremated hurriedly.

The learned counsel for the petitioner submits that petitioner is uncle of the husband of the deceased. The marriage was solemnized in the year 2013 and after six years of marriage the deceased died, of course in her in-laws house. The petitioner

Patna High Court CR. MISC. No.57412 of 2019(2) dt.18-09-2019 2/3 has no manner of concern with the family affairs of the deceased and her husband but the petitioner has also been named in the FIR.

On the other hand, the learned counsel for the informant as well as the learned APP opposed the prayer for anticipatory bail and submitted that during the course of investigation the villagers of the petitioner disclosed that all the family members including the petitioner hanged the deceased to death.

It appears that petitioner is uncle of the husband of the deceased. The marriage was solemnized in the year 2013 but the deceased never complained any ill-treatment at the hands of her husband or any other in-laws nor lodged any complaint for such ill-treatment. Only after six years the brother of the deceased alleged that the accused persons, including the petitioner, killed his sister and cremated her dead body. The petitioner is uncle of the husband of the deceased and his case that he has no manner of concern with the family affairs of the deceased and her husband.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court

Patna High Court CR. MISC. No.57412 of 2019(2) dt.18-09-2019 3/3 below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. case No. 127 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T