Chandradeep Mahton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9542 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -BACHWARA District- BEGUSARAI ======================================================
1. Chandradeep Mahto Son of Ramdhari Mahto Resident of Village Simari, Police Station Vidyapati Nagar, District Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9740 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -BACHWARA District- BEGUSARAI ======================================================
1. Pramod Kumar Son of Chandradeep Mahto R/o Village Simari, P.S. Vidyapati Nagar, District Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.9542 of 2015) For the Petitioner/s : Mr. Subhash Chandra Bose, Advocate For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) (In Cr.Misc. No.9740 of 2015) For the Petitioner/s : Mr. Subhash Chandra Bose, Advocate For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 384, 504, 506, 353, 120B of the Indian Penal Code. It is alleged that the informant received call from
Patna High Court Cr.Misc. No.9542 of 2015 (2) dt.21-04-2015 mobile no. 9570558839, extortion was demanded and threatening to kill him and Sanha Diary No. 507 dated 21.05.2014 was made, thereafter on getting the call detailed it was found that in the said mobile another SIM No. 8404886052, registered in the name of the petitioner Chandradeep Mahto, was used by his three sons, one of his sons Pramod Kumar is the petitioner before this court. It is submitted by the learned counsel for the petitioners that in the Sanha Diary the only mobile number from which the informant received the call is mentioned as 9570558839 and subsequently only on suspicion the petitioners have been made accused. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai in connection with Bachchwara P.S. Case No. 105 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
The bail bond of the petitioners shall be accepted by the learned court below on filing affidavit to the effect that
Patna High Court Cr.Misc. No.9542 of 2015 (2) dt.21-04-2015 they will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioners.
(Dinesh Kumar Singh, J) P.K./- U T