Patna High CourtCR. MISC./11992/2020bail granted

Channar Mahto v. The State Of Bihar

2021-10-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11992 of 2020 Arising Out of PS. Case No.-134 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== 1.

CHANNAR MAHTO S/o Jagarnath Mahto 2.

Mina Devi W/o Channar Mahto 3.

Wakil Mahto @ Okil Mahto S/o Channar Mahto ALL are R/o village- Pansalwa (Gopinathpur), P.S.- Baruraj, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-10-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Baruraj P.S. Case No. 134/2019 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. At the very outset, learned counsel for the petitioners prays for and is granted permission to withdraw the present application on behalf of petitioners No. 1 and 2. So far as petitioner No. 3 is concerned, he is Dewar of the deceased. Considering the fact that there is general and omnibus allegation against the petitioner No. 3 and he being the Dewar, is granted anticipatory bail.

Patna High Court CR. MISC. No.11992 of 2020(4) dt.26-10-2021 2/2 Accordingly, let the petitioner (Wakil Mahto) be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 134/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

So far as petitioners No. 1 and 2 are concerned, if they surrender before the learned court below and pray for regular bail, their application for regular bail shall be considered on its own merit without being prejudiced that they had approached this Court and have withdrawn their application for grant of anticipatory bail.

Learned court below will also consider the fact that there is general and omnibus allegation against father-in-law and mother-in-law.

(Sandeep Kumar, J) Saif/- U T