Sandeshwar Prasad @ Sano Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63925 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- KORMA District- Sheikhpura ======================================================

1. Sandeshwar Prasad @ Sano Mahto S/o Bhado Mahto,

2. Kusum Devi, W/o Sandeshwar Prasad @ Sano Mehto, Aa R/v- Batora, P.S.- Korama, Dist- Sheikhpura.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 304(B) and 201/34 of the Indian Penal Code registered in connection with Korama P.S. Case No. 48 of 2018.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be parents-in-law of the deceased. It is submitted that the petitioners were living separately from the husband of the deceased and they had no concern with the day-to-day affair of the husband of the deceased. The husband of the deceased has already surrendered and is in custody. The accusation that the deceased was being tortured after solemnization of her marriage about six years ago is improbable.

4. Learned APP on the basis of the statement made in paragraph 27 of the case diary submits that post mortem report

Patna High Court Cr.Misc. No.63925 of 2018(3) dt.14-02-2019 2/2 discloses cause of death due to spinal haemorrhage and asphyxia.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

6. If the petitioners surrender and seek regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

BT/Chandran (Vikash Jain, J) U T