Partly allowed

Lalan Mahto and Ors. v. The State Of Bihar

Patna HC21 Dec 2016CR. MISC./52889/2016

Case brief

AI extract

What is this about?

The High Court refused anticipatory bail to the father-in-law and mother-in-law due to a prior no-torture bond. Bail was granted to the sister- and brothers-in-law upon surrender within six weeks and furnishing a bond. Regular bail for the former is contingent on surrender within four weeks.

What did the court decide?

BAIL REFUSED TO PETITIONERS 1 AND 2. BAIL GRANTED TO PETITIONERS 3, 4, 5 UPON SURRENDER WITHIN SIX WEEKS. REGULAR BAIL PRAYER FOR PETITIONERS 1 AND 2 TO BE CONSIDERED UPON SURRENDER WITHIN FOUR WEEKS.

Lalan Mahto and Ors. Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52889 of 2016

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Arising Out of PS.Case No. -279 Year- 2016 Thana -SONEPUR District- SARAN

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====================================================== 1. Lalan Mahto, Son of Late Kapildev Mahto,

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Sheopati Devi, Wife of Lalan Mahto

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Suraj Mahto, Son of Lalan Mahto

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Dinesh Mahto, Son of Lalan Mahto

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Munni Devi D/o Lalan Mahto.

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All resident of Village – Baijalpur, P.S. Sonpur, District- Saran.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nalin Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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2 21-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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This is an application for grant of anticipatory bail for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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Petitioner no. 1, is the father-in-law, petitioner no. 2 is the mother-in-law, petitioner Nos. 3 and 4, are the brothers-in-law and petitioner no. 5, is the married sister-in-law of the deceased.

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It has been submitted on behalf of the petitioners that as a matter of fact, the deceased died due to diarrhea and when they informed the informant about the said occurrence, the informant instead of doing anything, has falsely instituted the present case.

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Patna High Court Cr.Misc. No.52889 of 2016 (2) dt.21-12-2016

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2/3

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The petitioners are nowhere concerned with the affairs of the deceased and her husband, however, they have been falsely implicated in the present case.

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Heard learned A.P.P. also.

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Having heard both sides and in view of the fact that from perusal of the impugned order, it appears that previously a bond has been executed by the petitioners’ family stating therein, that they will not torture the girl in future, I am not inclined to grant the petitioner Nos. 1 and 2, the privilege of anticipatory bail, it is accordingly rejected.

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However, if the petitioners surrender before the Court below within a period of four weeks from today, their prayer for grant of regular bail, may be considered by the learned Court below on its own merit, without being prejudiced by the order of this Court.

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So far as petitioner nos. 3, 4 and 5 are concerned, having regard to the facts and circumstances of the case and as they are brothers-in-law and nanad, it is directed that they, in the event of their arrest or surrender before the court below within a period six weeks, 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 learned Chief Judicial Magistrate, Saran at

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Patna High Court Cr.Misc. No.52889 of 2016 (2) dt.21-12-2016

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3/3

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Chapra, in connection with Sonpur P.S. Case No. 279 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Vinod Kumar Sinha, J)

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sunil/-

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U T

Lalan Mahto and Ors. v. The State Of Bihar

Case brief

What is this about?

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Lalan Mahto and Ors. v. The State Of Bihar

Case brief

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