Disposed

Dewan Mahto and Ors. v. the State of Bihar

Patna HC13 Aug 2013CR. APP (DB)/204/2011

Case brief

AI extract

What is this about?

This interim order deals with an interlocutory application for bail filed by an appellant husband convicted under Section 304-B IPC. The High Court granted bail pending the appeal on furnishing a bond and sureties, noting his extended jail custody.

What did the court decide?

Released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount pending the disposal of the appeal.

Dewan Mahto and Ors. Vs the State of Bihar — Dowry and Cruelty | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.204 of 2011

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1. Dewan Mahto, son of Late Budhram Mahto. 2. Subodh Mahto.

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3. Vinod Mahto.

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4. Pramod Mahto. Appellants no.2, 3 and 4 are sons of Dewan Mahto, all are resident of village-Premnagar, P.S. Runnisaidpur, District-Sitamarhi(Bihar). .... .... Appellants. Versus The State of Bihar

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.... .... Respondent.

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For the Petitioner :- Mr. Subodh Kumar Jha, Advocate. Mr. Pranav Kumar Jha, Advocate. For the Informant :- Mr. Prasoon Sinha, Advocate.

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CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA)

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5 13-08-2013 Heard learned counsel for the appellant, State and the informant while considering the prayer of appellant no.2, Subodh Mahto, made in I.A. No.1051 of 2013 for grant of bail on the ground that he is in jail custody from 19.9.2008, i.e., for about five years. Appellant no.2 is the husband of the deceased, who has been convicted for the offence under Section 304-B and other allied Sections of the Penal Code.

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It appears, earlier appellant no.1 had filed

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Runnisaidpur P.S. Case No.82 of 2008 on 28.4.2008, naming nine

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accused persons that they set ablaze his house in which his

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Patna High Court CR. APP (DB) No.204 of 2011 (5) dt.13-08-2013 2/3

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daughter-in-law, Rinki Devi, wife of appellant no.2, died. Eight days thereafter on 06.05.2008, Complaint Case No.568 of 2008 was filed by the brother of the deceased alleging therein that the story that his sister died in the house which was set ablaze by the nine accused persons of Runnisaidpur P.S. Case No.82 of 2008 is wholly false as she was forcibly burnt by her husband and in-laws. Aforesaid complaint case was referred to the police for investigation whereafter Runnisaidpur P.S. Case No.116 of 2008 was registered. After investigation, Runnisaidpur P.S. Case No.82 of 2008 was found untrue and final form was submitted, which was challenged but closure of the said case was upheld up to High Court. Chargesheet was thereafter submitted in Runnisaidpur P.S. Case No.116 of 2008 and after trial in the light of the evidence of the brother and other relatives of the deceased that there was consistent demand for motorcycle right from the date of marriage which persisted even after the marriage, Rinki Devi was burnt to death and a false case of setting her ablaze by nine accused persons of Runnisaidpur P.S. Case No.82 of 2008 was lodged. Against the aforesaid judgment of conviction, this present appeal has been filed in which the defence of the appellants including appellant no.2 who has filed the present Interlocutory Application that Rinki Devi was burnt by nine accused persons of

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Patna High Court CR. APP (DB) No.204 of 2011 (5) dt.13-08-2013 3/3

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Runnisaidpur P.S. Case No. 82 of 2008 is also under consideration. Counsel for the informant submitted that appellant no. 2 being the husband of the deceased may not be granted bail at this stage as he has not even completed half of the sentence seven years in custody.

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Appellant no.2, above named, having remained in jail custody for about five years, in the facts and circumstances of the case, deserves grant of bail and, accordingly, during the pendency of this appeal, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-cum- Fast Track Court-VII, Sitamarhi, in connection with Sessions Trial No.303 of 2009.

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I.A. No.1051 of 2013 is, accordingly, disposed of.

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(V.N. Sinha, J)

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(Rajendra Kumar Mishra, J)

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Bhardwaj/-P.S.

Dewan Mahto and Ors. v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Dewan Mahto and Ors. v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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