Kailash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79389 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

KAILASH MAHTO Son of Late Laxmi Mahto 2.

Reeta Devi Wife of Kailash Mahto 3.

Amrendra Mahto @ Abrendra Kumar Son of Kailash Mahto All Resident of Village - Uda, P.S.- Uda Kishunganj, District - Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Uda Kishunganj P.S. Case No.213/2019, disclosing the offence under Section 304(B) of the Indian Penal Code.

Petitioner No.1 is the father-in-law, petitioner no.2 is mother-in-law of the deceased and petitioner no.3 is brother of the husband of the deceased. Husband of the deceased is in custody. Learned counsel appearing on behalf of the petitioners referring to the First Information Report has submitted that according to the case of the informant herself, who is the mother of the deceased, demand in the nature of dowry was being made by the husband of the deceased. There is allegation in the FIR of matrimonial discord and assault made by the husband of the

Patna High Court CR. MISC. No.79389 of 2019(2) dt.18-12-2019 2/2 deceased. There is no specific allegation of any against these persons of having made any demand of dowry. He submits that these petitioners have been implicated only because they are closely related to the husband of the deceased.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned A.C.J.M., Uda Kishunganj in Uda Kishunganj P.S. Case No.213/2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prakash Narayan /- U T