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2026 DAILYLAW 39035 (PAT)

Sanjay Kumar Mahto @ Sanjay Mahto v. The State of Bihar

/72018/2025 · 2026-02-05

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72018 of 2025 Arising Out of PS. Case No.-416 Year-2024 Thana- TARAIYA District- Saran ====================================================== 1. Sanjay Kumar Mahto @ Sanjay Mahto S/o- Kishori Mahto R/v- Pokhrera, Ps- Taraiya Dist- Saran at Chapra 2. Rambha Devi D/o- Bhuteli @ Bhutel Mahto @ Achchelal Mahto R/v- Pokhrera, Ps- Taraiya Dist- Saran at Chapra 3. Priyanka Devi W/o- Pramod Mahto R/v- Pokhrera, Ps- Taraiya Dist- Saran at Chapra 4. Saroj Mahto S/o- Bhuteli @ Bhutel Mahto @ Achchelal Mahto R/v- Pokhrera, Ps- Taraiya Dist- Saran at Chapra 5. Malti Devi W/o- Kishori Mahto R/v- Pokhrera, Ps- Taraiya Dist- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kumar Yadav, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 05-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita and Sections 3/4 of the Dowry Prohibition Act. 3. It is a case of dowry death. Prosecution case, in brief, is that marriage of the daughter of informant was solemnized with co-accused Jai Prakash Mahto seven years ago. Patna High Court CR. MISC. No.72018 of 2025(2) dt.05-02-2026 2/3 Thereafter, it is alleged that these petitioners, along with other F.I.R. named accused persons, killed the daughter of informant due to non-fulfillment of demand of dowry of motorcycle and Rs. 5 lacs. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Petitioners are in-laws of the deceased and they are simply victims of over-implications. Allegation against petitioners is general and omnibus. Petitioners are separate in mess and property and they are not concerned with family affairs of the deceased. Moreover, thrust of accusation is against husband of the deceased who is already in custody since 11.02.2024. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the fact that husband of the deceased is already in custody, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of 12th Additional Sessions Patna High Court CR. MISC. No.72018 of 2025(2) dt.05-02-2026 3/3 Judge, Saran at Chapra in connection with Taraiya P. S. Case No. 416 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T