Uttim Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74269 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- KHAIRA District- Saran ======================================================

1. Uttim Mahto,

2. Jaglal Mahto, Both Sons of Late Ram Kuldeep Mahto, Resident of Village- Dharmpur, P.S.-Khaira, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Khaira P.S. Case No. 125 of 2018 registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

Informant is the father of deceased, who in his written complaint has stated that marriage of his daughter was solemnized with son of petitioner No. 1 on 10.07.2016 and thereafter she was being tortured for non-fulfillment of demand of dowry and he came to know that on 17.05.2018 his daughter was killed by her husband and his family members. Petitioner No. 1 is father in law and petitioner No. 2 is cousin father in law

Patna High Court Cr.Misc. No.74269 of 2018(2) dt.14-12-2018 2/2 and they are old aged persons and have denied allegations of demand of any dowry or assault on the deceased and she died due to medical reason. Petitioners have no criminal antecedent and they are in custody since 28.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Xth, Saran at Chapra, in connection with Khaira P.S. Case No. 125 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T