Muaa Mahto @ Munna Mahto @ Anil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12903 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- GOGRI District- Khagaria ====================================================== 1.

MUAA MAHTO @ MUNNA MAHTO @ ANIL MAHTO Son of Late Nirdhan Mahto Resident of Village - Ratan, P.S.- Gogri, Distt.- Khagaria. 2.

Mantu Mahto Son of Late Nirdhan Mahto Resident of Village - Ratan, P.S.- Gogri, Distt.- Khagaria.

3.

Shanti Devi W/o Late Nirdhan Mahto Resident of Village - Ratan, P.S.- Gogri, Distt.- Khagaria.

4.

Samtola Devi @ Santola Devi W/o0 Muaa Mahto @ Munna Mahto @ Anil Mahto Resident of Village - Ratan, P.S.- Gogri, Distt.- Khagaria. 5.

Nutan Devi W/o Mantu Mahto Resident of Village - Ratan, P.S.- Gogri, Distt.- Khagaria.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 448, 341, 323, 337, 338, 504, 307, 506, 379, 354(B)/34 of the Indian Penal Code in which section 302 IPC was added later on.

The prosecution case, in short, is that the accused persons came to the house of the informant and assaulted the informant and

Patna High Court CR. MISC. No.12903 of 2021(2) dt.02-12-2021 2/2 his wife due to which they sustained injuries and later the wife of the informant succumbed to the injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioner nos. 3 to 5 are ladies. The case has been instituted after three days of the alleged occurrence. As per the post mortem report, the death is due to septicemia . It is further submitted that the death is not due to primary haemorrhage but the same is due to secondary haemorrhage. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 248/2020, G.R. No. 1970/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Pankaj/- (Sudhir Singh, J) U T