Vishwanath Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76709 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- BARURAJ District- Muzaffarpur ====================================================== 1.
VISHWANATH MAHTO S/O LATE SANFOOL MAHTO R/O VILLAGBABURBAN ATAIYA, P.S- BARURAJ, DISTT.- MUZAFFARPUR. 2.
VIDHYA DEVI @ BABITA DEVI W/O VISHWANATH MAHTO R/O VILLAG- BABURBAN ATAIYA, P.S- BARURAJ, DISTT.- MUZAFFARPUR.
... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachin Kumar For the Opposite Party/s :
Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners apprehend their arrest in connection with Baruraj P.S. Case No.139 of 2023, registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.
3. Allegedly, the petitioners are said to have killed the daughter of informant on the pretext of non-fulfillment of demand for dowry.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.76709 of 2023(2) dt.05-12-2023 2/2 offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioners are the in-laws of the deceased and they were living separately from the deceased and her husband. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the victim has died in her matrimonial home within a period of one month of her marriage with the petitioner's son.
6. Having regard to the facts and circumstances of the case as the victim girl has died in her matrimonial home within one month of her marriage, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.
7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T