Jairam Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2595 of 2020 Arising Out of PS. Case No.-214 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== 1.

JAIRAM MAHTO Son of Late Bullak Mahto Residing at Muhalla-Diwan Muhalla, Hamam, Post office-Jhauganj, Patna City, Police StationKhajekallan, District-Patna, Bihar. 2.

Puniya Devi @ Muniya Devi Wife of Jairam Mahto Residing at MuhallaDiwan Muhalla, Hamam, Post office-Jhauganj, Patna City, Police StationKhajekallan, District-Patna, Bihar. 3.

Sunita Devi Wife of Late Sajan Sahani Residing at Muhalla-Diwan Muhalla, Hamam, Post office-Jhauganj, Patna City, Police Station-Khajekallan, District-Patna, Bihar.

4.

Nitu Kumari Daughter of Jairam Mahto Residing at Muhalla-Diwan Muhalla, Hamam, Post office-Jhauganj, Patna City, Police StationKhajekallan, District-Patna, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Advocate.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2020 Petitioner no.1 who is father-in-law of the victim of dowry death is already in jail, hence his prayer for anticipatory bail is infructuous now.

Heard the parties in virtual court.

The petitioner nos. 2, 3 and 4 are apprehending their arrest in a case registered for the offence punishable under

Patna High Court CR. MISC. No.2595 of 2020(5) dt.21-12-2020 2/3 Section 304(B)/34 of the Indian Penal Code.

Husband of the victim is also in jail. Other petitioners are female members of the family. Allegation is general and omnibus.

Submission is that the petitioners are victim of over implication.

Considering the facts aforesaid, let the petitioner nos. 2, 3 and 4, namely, Puniya Devi, Sunita Devi and Nitu Kumari, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Khajekallan P.S. Case No. 214 of 2019 (G.R. No. 2830/2019), subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below

Patna High Court CR. MISC. No.2595 of 2020(5) dt.21-12-2020 3/3 shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T