Shivji Mahto @ Shiv Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81981 of 2023 Arising Out of PS. Case No.-196 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== 1.

SHIVJI MAHTO @ SHIV MAHTO SON OF SATAHU MAHTO @ SATHU MAHTO RESIDENT OF VILLAGE- MADHUAHA BRIT, PSRAJEPUR, DISTT- EAST CHAMPARAN, MOTIHARI 2.

PRAMILA DEVI WIFE OF SHIVJI MAHTO @ SHIV MAHTO RESIDENT OF VILLAGE- MADHUAHA BRIT, PS- RAJEPUR, DISTTEAST CHAMPARAN, MOTIHARI 3.

SURENDRA MAHTO @ SURENDRA KUMAR SON OF SHIVJI MAHTO @ SHIV MAHTO RESIDENT OF VILLAGE- MADHUAHA BRIT, PS- RAJEPUR, DISTT- EAST CHAMPARAN, MOTIHARI 4.

ANIL MAHTO @ ANIL KUMAR SON OF SHIVJI MAHTO @ SHIV MAHTO RESIDENT OF VILLAGE- MADHUAHA BRIT, PS- RAJEPUR, DISTT- EAST CHAMPARAN, MOTIHARI 5.

NISHA KUMARI WIFE OF SURENDRA MAHTO RESIDENT OF VILLAGE- MADHUAHA BRIT, PS- RAJEPUR, DISTT- EAST CHAMPARAN, MOTIHARI 6.

RANI KUMARI DAUGHTER OF SHIVJI MAHTO @ SHIV MAHTO RESIDENT OF VILLAGE- MADHUAHA BRIT, PS- RAJEPUR, DISTTEAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard learned counsel for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B), 302, 201 and 34 IPC. 3.

Allegedly, the daughter of the informant has been killed by the accused persons including the petitioners due to nonfulfillment of demand of dowry.

Patna High Court CR. MISC. No.81981 of 2023(3) dt.07-03-2024 2/2 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. Petitioners are the in-laws of the deceased and there is no specific overt act against them. The husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajepur P.S. Case No.196 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T