Naresh Mahto @ Ram Naresh Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.423 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- MANSURCHAK District- Begusarai ====================================================== 1.

NARESH MAHTO @ RAM NARESH MAHTO Son of Late Ram Awatar Mahto Resident of Village - Mansurchak ( Dev an Tola ) P.S. Mansurchak District Begusarai 2.

Ram Ashish Mahto Son of Late Ram Awatar Mahto Resident of Village - Mansurchak ( Dev an Tola ) P.S. Mansurchak District Begusarai ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sujit Kumar Singh For the Respondent/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 08-03-2019 The appellants seek pre arrest bail in connection with Mansurchak P.S. Case No. 78 of 2018, registered for offences punishable under Sections 341, 323, 504, 506, 354 and 379 of the Indian Penal Code and Section 3 (i)(r)(s) of SC/ST Act. Allegation against the appellants and others is that they came to the house of the informant and torn her blouse and dragged her out of the house and when other family members came, they also assaulted them and appellant no. 1 was also armed with pistol and there is also allegation against appellant no. 2 that he snatched away golden chain.

It has been submitted on behalf of the appellants that there is land dispute between the parties and 144 Cr.P.C. proceeding is

Patna High Court CR. APP (SJ) No.423 of 2019 dt.08-03-2019 2/2 going on and only due to which, this present false case has been lodged. Further submission is that allegation of trying to outrage the modesty of the informant is not against the appellants. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge SC/ST (Prevention of Atrocities) Act, Begusarai, in connection with Mansurchak P.S. Case No. 78 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

Accordingly, this appeal is allowed and impugned order is set aside.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date