Mato Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58455 of 2015 Arising Out of Complaint Case No. -15232 Year- 2014 Thana -BEGUSARAI COMPLAINT CSAE District- BEGUSARAI ====================================================== Mato Sharma, Son of Pabo Sharma, R/o Village Chandpura, P.S. Neema Chandpura, District Begusarai .... .... Petitioner

Versus

1. The State of Bihar

2. Birma Devi Wife of Phucho Mallik R/o Village Chandpura, P.S. Neema Chandpura, District Begusarai .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and the Special P.P.

The petitioner apprehends his arrest in a case registered under Section 323 of the Indian Penal Code and Section 3 (I) of SC/ST Act.

It is contended that the allegation against the petitioners is of assaulting the informant and her family members and abusing them by taking their caste name. The allegation against the co-accused Moti Mahto and Vijay is of forcing the informant to drink filthy water and of removing her clothes, however, the co-accused Moti Mahto and four others have already been granted anticipatory bail vide order dated 30.09.2015 passed

Patna High Court Cr.Misc. No.58455 of 2015 (2) dt.29-01-2016 2/2 in Cr. Misc. No.39702/2015 by a coordinate Bench of this Court. It is further contended that there is dispute with respect to land on which title suit has been decided in favour of the petitioner's side and 144 Cr. P.C. proceeding is pending.

Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Complaint Case No.15232 C/2014, the above named petitioner, Mato Sharma shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T