Ramshobhi Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71643 of 2019 Arising Out of PS. Case No.-828 Year-2008 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== 1.

Ramshobhi Mahton, Son of Sukan Mahton, Resident of Village - Rampur Alauli, P.S.- Alauli, District- Khagaria 2.

Binda Devi, Wife of Ramshobhi Mahton Resident of Village - Rampur Alauli, P.S.- Alauli, District- Khagaria 3.

Dular Devi, Wife of Tuntun Mahton Resident of Village - Tirashi, P.S. and District- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Phulchand Mahto, Son of Late Ghuran Mahto Resident of Village - Shekhpura, P.S. and District- Khagaria 3.

Babita Devi, Wife of Jai Jai Ram Mahto, D/O - Late Ghuran Mahto Resident of Village - Shekhpura, P.S.- Khagaria, District- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties and perused the case diary.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and petitioner no. 3 is married sister-in-law of the victim. In the matrimonial dispute between the parties, there is allegation against the petitioners of demand of dowry of which

Patna High Court CR. MISC. No.71643 of 2019(2) dt.20-11-2019 2/3 is said that all the petitioners tortured her for fulfilling demand of dowry.

Learned counsel for the petitioners submits that there is general and omnibus allegation against these petitioners. They have nothing to do with the daily affairs of the husband of the opposite party no. 2. It is further submitted that they are living separately.

Learned counsel for the State opposes the prayer for bail.

In the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, on furnishing bail bonds 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., Khagaria, in Complaint Case No. 828C of 2018, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

Patna High Court CR. MISC. No.71643 of 2019(2) dt.20-11-2019 3/3

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

(Prabhat Kumar Singh, J) khushbu/- U T