Dhanai Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76365 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== 1.

Dhanai Mahto, age 55 years, Male son of Late Shiv Gyan Mahto. 2.

Dev Kumari Devi, age 50 years, Female wife of Dhanai Mahto, Both resident of Village- Bangari P.S.- Baruraj District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sessions Trial No. 633 of 2023 arising out of Baruraj P.S. Case No. 195 of 2022 instituted for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per the allegation, the informant's daughter was murdered due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioners submit that petitioners are father-in-law and mother-in-law of the deceased due to which he has falsely been implicated in this case. Learned counsel for the petitioners submits that there is

Patna High Court CR. MISC. No.76365 of 2023(2) dt.02-12-2023 2/3 compromise between the parties as it is evident from AnnexureP-2. He further submits that the husband of the deceased has already been granted bail by a co-ordinate Bench of this Court by order dated 14.09.2023 passed in Cr. Misc. No. 10374 of 2023. Petitioners have no criminal antecedent and are in Judicial custody since 18.04.2023 and 04.05.2023, respectively.

5. Learned APP opposes the prayer for regular bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners above named be released 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 21st, Additional District and Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 633 of 2023 arising out of Baruraj PS Case No. 195 of 2022 with the following conditions:- (I) The petitioners will cooperate in conclusion of the trial.

(ii) They will remain present on each and every date of the trial till disposal of the case.

(iii) They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of the trial.

Patna High Court CR. MISC. No.76365 of 2023(2) dt.02-12-2023 3/3 (iv) In the event of default of two consecutive dates without any cogent reason, their bail bonds will liable to be cancelled.

(Ramesh Chand Malviya, J) Anand Kr.

U T