Jaleshwar Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4005 of 2019 Arising Out of PS. Case No.-188 Year-2018 Thana- RANIYATALAB District- Patna ======================================================

1. Jaleshwar Mahto, son of Late Bhagwan Mahto

2. Shiv Kumar Mahto, son of Late Bhagwan Mahto

3. Amira Mahto @ Amir Mahto, son of Late Bhagwan Mahto

4. Rajeshwar Mahto, son of Late Bhagwan Mahto

5. Surya Bhushan Mahto, son Jaleshwar Mahto

6. Chandra Bhushan Mahto, son of Jaleshwar Mahto

7. Dhirendra Mahto, son of Shiv Kumar Mahto

8. Dharmendra Mahto, son of Amir Mahto

9. Virendra Mahto @ Birendra Mahto, son of Rajeshwar Mahto All are resident of village - Kanpa, P.S - Rani Talab, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 364/34 of the Indian Penal Code.

The land dispute is reason behind the allegation of kidnapping of Raushan Kumar @ Praveen Kumar, the son of the informant. On recovery, the victim has supported the allegation of kidnapping by the petitioners, however, is also specific about the reason which laid to his kidnapping.

Submission is that false and concocted allegation is there against the petitioners just to harass them. The victim was

Patna High Court Cr.Misc. No.4005 of 2019(2) dt.25-01-2019 2/2 somewhere hidden by the informant himself and after one month he appeared. Moreover, co-accused Tej Narayan Singh and Hemant Singh have already been allowed anticipatory bail by a Coordinate Bench of this Court vide order dated 24.01.2019 passed in Cr. Misc. No. 3248 of 2019.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Rani Talab Police Station Case No. 188 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/Rajan U T