Laxmi Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46164 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -KHUTAUNA District- MADHUBANI ====================================================== Laxmi Mahto son of Bhaju Mahto Resident of Village - Sihula, Siktiyahi, P.S. - Khutauna, District - Madhubani.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party : Mr. Ambika Bhagat, SPL.P.P. For the Informant :
Mr. Rajiv Ranjan, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 08-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Laxmi Mahto, in connection with Khutauna Police Station Case No. 19 of 2015, under Sections 302/34/354(B)/448 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Perused the above application and materials on record.
Heard Mr. Sanjay Kumar Jha, learned Counsel for the petitioner, and Mr. Ambika Bhagat, learned Special Public Prosecutor, appearing on behalf of the State. Heard also Mr. Rajiv Ranjan, learned Counsel, appearing for the informant. In view of the fact that the accused above-named has been in custody since 09.03.2015 in connection with the case
Patna High Court Cr.Misc. No.46164 of 2015 (2) dt.08-10-2015 2/2 aforementioned, charge sheet has been, admittedly, submitted and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani, in connection with Khutauna Police Station Case No. 19 of 2015.
This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.
In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) Pawan/- U T