IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20434 of 2010
1. SAROJ MAHTO SON OF SRI HARIHAR MAHTO
2. NISHA DEVI WIFE OF SRI SAROJ MAHTO, BOTH
RESIDENTS OF VILLAGE BARKA DHAKAICH, P.S.
BRAHMPUR ( KRISHNABRAHM), DISTT. BUXAR
- PETITIONER.
Versus
STATE OF BIHAR--OPP. PARTY.
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For the petitioner : M/S Akhileshwar Pd. Singh with
Prabhu Narayan Sharma, Advocates.
For the State: Mr. Ram Priya Sharan Singh, A.P.P.
—
2/ 17.06.2010 Heard the parties.
In a criminal prosecution for offences under
section 304(B)/ 201/ 34 of the Indian Penal Code,
petitioner no.1 happens to be elder brother of the husband
of the deceased and petitioner no.2 is the wife of petitioner
no.1 and as such she is the elder Gotani of the deceased.
It is submitted that even according to the
prosecution case the informant is not an eye witness of
alleged occurrence and only suspicion has been raised that
all the F.I.R. named accused persons allegedly
administered poison, as a result of which daughter of the
informant died, who was married with co-accused Manoj
Mahto on 02.06.2008. In the last part of the F.I.R. it is also
alleged that accused persons have been demanding a
motorcycle as a dowry.
From perusal of the F.I.R. vide Annexure-1, it
appears that when the occurrence in question regarding
the death of the deceased took place, which according to
-2-
the learned counsel for the petitioner was because of her
illness from before, and after coming to know about such
death the allegation of demand of dowry was also added in
F.I.R. Petitioners are stated to be in judicial custody since
17.03.2010 and they further claim to be separate in mess
and business with the husband of the deceased.
In the aforesaid facts and circumstances, let the
above named petitioners be enlarged on bail on furnishing
bail bond of Rs. 10,000/- each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Buxar in connection with Brahmpur P.S. Case
No. 143 of 2009.
( Birendra Prasad Verma, J )
BTiwary/