Ramlil Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68274 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== 1.
RAMLIL MAHTO Son of Late Yugal Mahto Resident of Village-Galimpur Mushhar Toli, P.S.-Rajepur, District-East Champaran. 2.
Jhunna Devi Wife of Ramlil Mahto Resident of Village-Galimpur Mushhar Toli, P.S.-Rajepur, District-East Champaran.
3.
Krishnandan Mahto @ Krishnandan Kumar Son of Ramlil Mahto Resident of Village-Galimpur Mushhar Toli, P.S.-Rajepur, District-East Champaran. 4.
Chandrakala Devi Wife of Krishnandan Mahto @ Krishnandan Kumar Resident of Village-Galimpur Mushhar Toli, P.S.-Rajepur, District-East Champaran.
5.
Ragni Kumari Daughter of Ramlil Mahto Resident of Village-Galimpur Mushhar Toli, P.S.-Rajepur, District-East Champaran. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sangeet Deokuliar For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Rajepur P.S. Case No. 91 of 2019 for the offence punishable under Section 304B/34 of the Indian Penal Code. Petitioner No.1 is father-in-law, petitioner No.2 is mother-in-law of the deceased, petitioner No.3 is brother of the husband of the deceased, whereas petitioner No. 4 is wife of petitioner No.3. Petitioner No. 5 is unmarried sister of the husband of the deceased.
Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.68274 of 2019(2) dt.27-11-2019 2/3 petitioners has submitted that allegation of demand of dowry and torture therefor in the First Information Report is general and omnibus against all the family members. He has submitted that there is no definite allegation as to when such demand was ever made and has submitted that these petitioners have been implicated only because they are related to husband of the deceased.
Considering the facts and circumstances and the nature of allegation in the First Information Report, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned S.D.J.M. Sadar, Motihari, East Champaran, in Rajepur P.S. Case No. 91 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,
Patna High Court CR. MISC. No.68274 of 2019(2) dt.27-11-2019 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T