Mokhtar Mahto And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19714 of 2015 Arising Out of PS.Case No. -265 Year- 2014 Thana -BASANTPUR District- SIWAN ======================================================

1. Mokhtar Mahto, son of Late Madan Mahto,

2. Lalti Kumari @ Lalti Devi, wife of Mokhtar Mahto,

3. Tarkeshwar Mahto, son of Late Madan Mahto,

4. Pappu Mahto, son of Mokhtar Mahto,

5. Lalasa Kumari, daughter of Mokhtar Mahto,

6. Gita Kumari, daughter of Mokhtar Mahto, All are resident of Village Telia, Police Station- Basantpur, District-Siwan. .... .... Petitioners

Versus

1. The State of Bihar.

2. Durga Mahto son of Chandrika Mahto, resident of Village- Maulanapur, P.S.- Basantpur, District- Siwan .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Navendu Kumar, Adv. For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-07-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application seeking anticipatory bail on behalf of the petitioners, who are accused in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that the informant lodged the First Information report merely on the basis of suspicion. He submits that the petitioners are not likely to flee away from the cause of investigation or trial

Patna High Court Cr.Misc. No.19714 of 2015 (3) dt.09-07-2015 2/2 and there is no chance of tampering with evidence, in view of nature of allegation.

In the facts and circumstances of the case, let the petitioners above named, in the event of their arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 265 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that the petitioners shall co-operate with the Police in course of investigation and shall present themselves before the Court as and when required in connection with the said case, failing which, the prosecution shall be at liberty to approach this Court for cancellation of bail. (Chakradhari Sharan Singh, J.) Vats/- U