Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77700 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== SANJAY MAHTO Son of Ramchandra Mahto @ Ramchandra Raut Resident of Village - Panchsheel Nagar, Harnaut, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Chaudhary For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Harnaut P.S. Case No. 225 of 2019 for the offence registered under Sections 302 and 120B of the Indian Penal Code. The allegation is regarding the accused persons having killed the deceased victim lady on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioner has submitted by referring to paragraph no. 12 of the present petition that the husband of the deceased victim lady is in jail custody and a bare perusal of the FIR would show that a general and omnibus allegation has been levelled against the other accused persons,, hence the petitioner being father-in-law of the deceased victim lady, living separately, is entitled to the privilege of anticipatory

Patna High Court CR. MISC. No.77700 of 2019(3) dt.06-03-2020 2/2 bail. It is further submitted that if at all anyone is having any complicity in the matter, it might be the husband of the deceased victim lady, who is already in custody.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Harnaut P.S. Case No. 225 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T