Hari Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11893 of 2020 Arising Out of PS. Case No.-210 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== Hari Narayan Mahto Son of Late Saheb Mahto Resident of Village- Bardaha Chhaurahi, P.S.- Khodavandpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-06-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed this application for grant of anticipatory bail apprehending his arrest in connection with Khodawandpur (Chhaurahi) P.S. Case no. 210 of 2019 registered under sections 341, 323, 354B, 379, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, the accused persons including the petitioner and one Shyam Sundar Mahto are alleged to have come to the house of the informant and to have outraged her modesty and to have assaulted her. It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and concocted. The allegation so far as the petitioner is concerned, is of being an order giver. The co-accused Shyam Sudar Mahto has been enlarged on anticipatory bail vide order dated 22.6.2020 passed in Cr. Misc. no. 86707 of 2019. It is submitted that the petitioner and the informant are coparceners and there is case and counter case between the parties, the case being Khodawandpur (Chhaurahi) P.S. Case no. 209 of 2019 having been lodged by the side of the petitioner. As a result the instant FIR has been

Patna High Court CR. MISC. No.11893 of 2020(2) dt.26-06-2020 2/2 lodged in retaliation thereto.

The application for bail is opposed by learned Additional PP for the State.

Having heard learned counsel for the parties and taking into consideration the case and counter case between the parties and the nature of allegation against the petitioner, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Khodawandpur (Chhaurahi) P.S. Case no. 210 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash/- U