Chandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66614 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- GARKHA District- Saran ====================================================== 1.

CHANDAN MAHTO, aged about 20 years, Male, Son of Ram Nath Mahto, Resident of Village- Birari, P.S.- Garkha, District- Saran 2.

Prabhawati Devi, aged about 50 years, Female, Wife of Ram Nath Mahto, Resident of Village- Birari, P.S.- Garkha, District- Saran ... Petitioners

Versus

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

For the Petitioners :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Garkha P.S. Case No. 37 of 2019 registered under Sections 304B, 201 and 34 of the Indian Penal Code.

The accusation is of killing of the sister of the informant by her husband and in-laws due to non-fulfillment of demand of vehicle and gold chain and disposed of the dead body.

The submission of the learned counsel for the petitioners is that in fact, Rina Kumari, whose marriage was performed with Pramod Mahto in the year 2012, died due to cough and cold on 26.01.2019, but, with ulterior motive, the

Patna High Court CR. MISC. No.66614 of 2019(2) dt.13-11-2019 2/2 informant, who is brother of the deceased, has lodged the present case. Further, submission is that both the petitioners are brother-in-law and mother-in-law of the deceased, Rina Kumari, and her husband, Pramod Mahto, is already in custody. Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Garkha P.S. Case No. 37 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, XIV, Saran at Chapra, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T