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Patna High CourtCR. MISC./19413/2016bail granted

Surendra Mahto v. The State Of Bihar

2016-05-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19413 of 2016 Arising Out of PS.Case No. -198 Year- 2015 Thana -JALE District- DARBHANGA ======================================================

1. Surendra Mahto, Son of Late Thadi Lal Mahto, residents of VillageNarauchh, P.S- Jalley, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Narsing Tanti (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under Sections 302, 341, 323, 325, 504/34 of the Indian Penal Code and 3 / 4 of Dian Act.

Accusation is that two girls of the informant's village were quarreling with each then Satrughan son of the informant reached there then Brahmdeo Mahto who was present there abused him. The son of the informant came to his house and narrated the incident to the informant. Thereafter the wife of the informant and son approached to Brahmdeo Mahto. At that time Brahmdeo Mahto threw his son on the ground and when the wife of the informant tried to save her son, she was also assaulted. At that time, father of the informant tried to pacify the matter then on

Patna High Court Cr.Misc. No.19413 of 2016 (2) dt.06-05-2016 2/2 instigation of the petitioner, his son Brahmdeo Mahto assaulted his father who died in course of treatment in PMCH. Learned counsel appearing on behalf of the petitioner submits that, in fact, from perusal of FIR it would appear that there is specific allegation against Brahamdeo Mahto, who caused lathi injury to the father of the informant but due to ulterior motive the petitioner has falsely been implicated in the present case. The petitioner having no criminal antecedent is in custody since 12.03.2016.

Having considered the facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Jalley P.S.Case No. 198 of 2015. (Rajendra Kumar Mishra, J) singh/- U