Dukhran Mahto And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17110 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== 1.

Dukhran Mahto S/o Ram Kishun Mahto Resident of Village- Rohua Warisnagar, Ward No.5, P.S.- Warisnagar, District- Samastipur 2.

Bebi Devi W/o Ram Prasad Mahto, Resident of Village- Rohua Warisnagar, Ward No.5, P.S. Warisnagar, District- Samastipur 3.

Rajesh Kumar S/o Ram Prasad Mahto, Resident of Village- Rohua Warisnagar, Ward No.5, P.S. Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 447, 341, 323, 325, 354, 506, 504 of the Indian Penal Code.

The prosecution case, in short, is that while the husband of the informant was working in his field, the accused persons, variously armed, came and assaulted him due to which he sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.17110 of 2019(2) dt.28-03-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioner has falsely been implicated in the present case. There is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

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 six 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, Samastipur in connection with Warisnagar P.S. Case No. 216 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T