Partly allowed

Shiv Chandra Mahto v. The State of Bihar

Patna HC16 Jun 2020CR. MISC./75336/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition seeking pre-arrest bail under S. 438 CrPC, the High Court refused relief to one petitioner charged with rape but granted bail to a father-in-law and mother-in-law against allegations of intervening to assist the complainant.

What did the court decide?

Pre-arrest bail granted to petitioner no. 1 and 2 subject to conditions; application of petitioner no. 3 rejected.

Shiv Chandra Mahto Vs The State of Bihar — Dowry and Cruelty | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75336 of 2019

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Arising Out of PS. Case No.-6 Year-2019 Thana- HARLAKHI District- Madhubani

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======================================================

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Shiv Chandra Mahto S/o Late Jibachh Mahto, Resident of Village- Rampur, P.S.- Harlakhi, District- Madhubani.

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Amrita Devi W/o Shri Shiv Chandra Mahto, Resident of Village- Rampur, P.S.- Harlakhi, District- Madhubani.

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Sujit Mahto S/o Shiv Chandra Mahto Resident of Village- Rampur, P.S.Harlakhi, District- Madhubani.

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... ... Petitioners

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Versus

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The State of Bihar

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Guria Devi, wife of Sanjit Mahato, resident of village- Rampur, P.S. Harlaklhi, District- Madhubani.

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... ... Opposite Parties.

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====================================================== Appearance : For the Petitioner : Mr.Vijay Kumar, Advocate For the Opposite Party : Mr.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

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ORAL ORDER

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5 16-06-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State via video conferencing.

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The petitioners seek pre-arrest bail in connection with Harlakhi P. S. Case No. 06 of 2019/G.R. No.19 of 2019 registered under Sections 323, 341, 376, 498A and 504/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

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Considering specific allegation of commission of rape made against the petitioner no.3, namely, Sujit Mahto by the informant, who happens to be sister-in-law (bhabhi) of

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Patna High Court CR. MISC. No.75336 of 2019(5) dt.16-06-2020 2/2

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petitioner no.3, I am not inclined to grant him pre-arrest bail. Accordingly, his application for grant of pre-arrest bail is rejected.

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So far as petitioner nos. 1 and 2, namely, Shiv Chandra Mahto and Amrita Devi are concerned, since they happens to be father-in-law and mother-in-law respectively of the informant and against them there is an omnibus and general allegation that when she complained, they came in his rescue, in the event of arrest or surrender before the court below, they are 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 learned SDJM, Benipatti in Harlakhi P. S. Case No. 06 of 2019/G.R. No.19 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Ashwani Kumar Singh, J)

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kanchan/-

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U T

Shiv Chandra Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Chandra Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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