Gopal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72237 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.

GOPAL MAHTO son of Late Ambika Mahto Village- Parsouni Wajid PsKalyanpur Dist- East Champaran 2.

Bharat Mahto son of Gopal Mahto Village- Parsouni Wajid Ps- Kalyanpur Dist- East Champaran 3.

Ramakant Mahto son of Gopal Mahto Village- Parsouni Wajid PsKalyanpur Dist- East Champaran 4.

Pratima Devi wife of Bharat Mahto Village- Parsouni Wajid Ps- Kalyanpur Dist- East Champaran 5.

Munna Kumar @ Ankit Kumar son of Bharat Mahto Village- Parsouni Wajid Ps- Kalyanpur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-11-2023 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Section 304(B)/34 of the Indian Penal Code, registered in connection with Kalyanpur P.S.Case No.158 of 2023.

3. As per allegation, the petitioners along with other accused persons, committed the dowry death of the deceased due to non-fulfilment of demand of dowry.

4. The learned counsel for the petitioners has submitted that they have falsely been implicated in this case merely because they are near relatives of the husband of the

Patna High Court CR. MISC. No.72237 of 2023(2) dt.07-11-2023 2/2 deceased. They have no concern with day-to-day affairs of the couple and they live separately. He has also submitted that the husband is in custody and the charge sheet has been submitted only against the husband of the deceased.

5. On the other hand, the learned APP, though opposed the prayer for anticipatory bail, but has fairly submitted that the charge sheet has been submitted against the husband of the deceased only.

6. Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kalyanpur P.S.Case No. 158 of 2023, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) HR/- U T