CHUTAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) After having heard the learned Counsel for the parties and with their consent this writ petition is being disposed of at the admission stage itself.

(2.) This writ petition by the sole petitioner is directed against the order dated 28.11.1997 (Annexure 2) in Nawadih P.S. Case No. 81 of 1997, under Sections 304-B, 34 and 201 of the Indian Penal Code, passed by the Additional Chief Judicial Magistrate, Barmo, whereby and whereunder he did not accept the bail bond on behalf of the petitioner-accused which had been furnished on 26.11.1997 in the light of the earlier order made on 25.11.1997 under Section 167(2)(a) of the Code of Criminal Procedure (hereinafter to be referred to as "the Code" for short) for his release on bail.

(3.) The facts of the case, which are not in dispute lie in a narrow compass. It is alleged in the Fardbeyan of Deo Narayan Mahto, which was recorded on 24.8.1997 (vide Annexure 1), on the basis of which Nawadih P.S. Case No. 81 of 1997 came to be instituted, that his grand-daughter Bina Devi, who was married to Nirpat Mahto about ten years ago had been murdered by her husband and in-laws, including the petitioner-accused, for non-fulfilment of dowry demand. It is said that the petitioner is uncle-in-law of the deceased.