Raghunandan Mahto @ Raghunandan Labh And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13893 of 2019 Arising Out of PS. Case No.-330 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== 1.
Raghunandan Mahto @ Raghunandan Labh aged about 49 years (Male). S/o Late Choudhary 2.
Chano Devi aged about 43 years (Female) wife of Raghunandan Mahto @ Raghunandan Labh Both resident of village - Gangraho, P.S.-Bakhri, District-Begusarai. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Nakul Kumar Jamuar For the Opposite Party/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-03-2019 Heard learned counsel for the petitioners and learned counsel for the informant. No one appears on behalf of the State.
The petitioners are seeking anticipatory bail in connection with Bakhri P.S. Case No. 330/2018 registered under Sections 341, 323, 324, 308, 354(B), 379, 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the husband of the informant happens to be the full-brother of the petitioner no. 1. There is a land dispute between the parties because of which they seems to have been fighting against each other. There is a case and counter case. Copy
Patna High Court CR. MISC. No.13893 of 2019(2) dt.08-03-2019 2/3 of the counter case being Bakhri P.S. Case No. 329/2018 lodged by petitioner no. 2 has been brought on record. It is submitted that F.I.R. has been lodged after about 9 days of the alleged occurrence. It is further submitted that no injury whatsoever has been caused to the husband of the informant about whom it is alleged that these petitioners had put Gamcha around his neck.
Learned counsel for the informant has opposed the prayer for anticipatory bail of the petitioners and submits that the petitioners have actively participated in the alleged occurrence.
Considering the facts and circumstances of the case, the relationship between the parties and that the F.I.R. has been lodged after 9 days as also no injury has been indicated around the neck of the husband of the informant, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - V, Begusarai, in connection with Bakhri
Patna High Court CR. MISC. No.13893 of 2019(2) dt.08-03-2019 3/3 P.S. Case No. 330/2018, subject to condition that petitioners will join investigation by reporting to the Investigating Officer within a period of two weeks from today and will cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J) Rajeev/- U T