Dinesh Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31063 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- PARSAUNI District- Sitamarhi ======================================================

1. Dinesh Mahto, S/o Ram Briksh Mahto,

2. Kanti Devi, W/o Dinesh Mahto, R/o Village- Dhangar, P.S.- Parsauni, District- Sitamarhi ... Petitioners

Versus

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

For the Petitioners :

Mr. Dinesh Jha, Adv.

For the State :

Mr. Manoj Kumar - 1, APP 185 for the informant :

Mr. Uday Kumar, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners and the State.

The learned counsel for the informant is present. The learned counsel for the petitioners submits that in a case under Section 302 petitioner no. 1 has been languishing in jail since 23.03.2018 whereas petitioner no. 2, the mother-inlaw is in custody since 11.02.2018 in connection with Parsauni P.S. Case No. 12 of 2018 registered under Section 302/34 of the Indian Penal Code. It is, further, submitted that the present petitioners have not been alleged to have committed any overt act and a general and omnibus allegation has been made against them and as a result thereof they are languishing in jail. Considering the aforesaid facts and circumstances, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two

Patna High Court Cr.Misc. No.31063 of 2018(4) dt.24-07-2018 2/2 sureties of the like amount each in connection with Parsauni P.S. Case No. 12 of 2018 to the satisfaction of the Additional Chief Judicial Magistrate, VI, Sitamarhi, on the following conditions.

(1) One of the bailors will be their own blood relative, preferably father, mother, brother, sister of petitioner no. 1 and husband of petitioner no. 2.

(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.

(3) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Shamshad/- U T