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Patna High CourtCR. MISC./79359/2024bail granted

Rambalak Mahto v. The State Of Bihar

2025-01-22Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79359 of 2024 Arising Out of PS. Case No.-33 Year-2022 Thana- BIRUPUR District- Lakhisarai ====================================================== 1 .

Rambalak Mahto Son of Late Basudeo Mahto Village -Gagaur PS- Korma Distt -Sheikhpura 2.

Ram Pravesh Mahto son of Rambalak Mahto Village -Gagaur PS- Korma Distt -Sheikhpura 3 .

Mithun Kumar Son of Rambalak Mahto Village -Gagaur PS- Korma Distt -Sheikhpura 4.

Jhaliya Devi Wife of Ram Pravesh Mahto Village -Gagaur PS- Korma Distt -Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi , Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 304 ( B ) , 2101 , 120 ( B ) and 34 of the Indian Penal Code . 3 . As per the prosecution case , daughter of the

Patna High Court CR. MISC. No.79359 of 2024(3) dt.22-01-2025 2/3 informant Sarita Devi was married with co-accused Shrawan Mahto in the year 2021 . After some time of marriage , all the accused persons named in the F.I.R. started demanding motorcycle and due to non-fulfillment of aforesaid demand they killed the daughter of informant and later on informant found dead body of Sarita Devi on 24.08.2022 near a Paeen between village Natharpur and Kamarpur.

4. It is submitted on behalf of the petitioners that petitioner No. 1 is father-in-law , petitioner No. 2 is brother-inlaw ( Bhaisur ), petitioner No. 3 is Devar and petitioner No. 4 is gotni of the deceased. It is further submitted that these petitioners are simply a victim of over implications. They are separate in mess and property and have got no concern with the affairs of couple . The husband of the deceased has already been acquitted vide judgment dated 30th April 2024 passed by Learned Additional Sessions Judge 1st Lakhisarai in S. Tr. No. 194 of 2023 . Petitioners claim clean antecedent. 5 . Learned counsel for the State oppose the bail petition .

6 Considering the aforesaid facts and circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on

Patna High Court CR. MISC. No.79359 of 2024(3) dt.22-01-2025 3/3 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 JM 1st Class Lakhisarai in connection with Birupur P.S. Case No. 33 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T