Dinesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78382 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.

Dinesh Mahto Son of Mishri Mahto R/O Vill-Jhapani, P.S.-Medni Chowki, Dist-Lakhisarai 2.

Sudha Devi Wife of Dinesh Mahto R/O Vill-Jhapani, P.S.-Medni Chowki, Dist-Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kajal Kumari Wife of Mithilesh Kumar R/O Vill-Jhapani, P.S.-Medni Chowki, Dist.- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2024

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Medni Chowki P.S. Case No. 142 of 2024 registered for the offence under Section 498A, 341, 323, 307, 504 / 34 of the I.P.C.

3. As per the First Information Report on 15.06.2024 the husband of the informant- Kajal Kumari alongwith her motherin-law and father-in-law assaulted her by means of iron rod and thereafter threw her outside and they locked their house and fled away. The informant has also alleged that the accused persons have several times assaulted her and they always pressurized her to bring money from her father.

Patna High Court CR. MISC. No.78382 of 2024(2) dt.04-12-2024 2/2

4. Learned counsel for the petitioners submits that the petitioners are the father-in-law and mother-in-law of the informant and they live separately having no concern with the informant. He further submits that both the petitioners are elderly persons inasmuch as the petitioner no. 1 is 65 years of age whereas the petitioner no. 2 is 61 years old. The petitioners have no criminal antecedent.

5. I have heard learned counsel for the parties. There is specific allegation of assault against the petitioners. Learned Addl. District & Sessions Judge- Ist, Lakhisarai has discussed the injury report of the informant in the order refusing anticipatory bail which goes to show that the informant has sustained injury on the right parietal region of the head having dimension 1/4"x1/6"1/6" and also sustained other injuries.

6. Considering the fact that there is direct allegation against the petitioners that they assaulted the daughter-in-law with iron rod and the severity of punishment, I am not inclined to extend the privilege of anticipatory bail to the petitioners. The same is rejected.

(Anil Kumar Sinha, J) praful/- U T