Saroj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21026 of 2015 Arising Out of PS.Case No. -463 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ====================================================== Sanoj Mahto S/o Satya Narayan Mahto .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21035 of 2015 Arising Out of PS.Case No. -463 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ====================================================== Saroj Kumar Mahto S/o Satya Narayan Mahto .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.21026 of 2015) For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) (In Cr.Misc. No.21035 of 2015) For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s : Dr. Indiwar kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 Heard learned Sr. Counsel for the petitioner and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341/323/324/379/354/34 of the Indian Penal Code. It is alleged that the accused persons caught hold of the husband of the informant while he was returning home whereupon Saroj Mahto assaulted the husband of the informant with dagger caused sharp cut injury whereas co-accused Basudeo Mahto assaulted with 'lathi' and co-accused Manoj Mahto

Patna High Court Cr.Misc. No.21026 of 2015 (2) dt.19-05-2015 2/2 snatched Rs.2900/- from the pocket of the informant. It is further alleged that petitioner Sanoj Matho tore saree and blouse of the informant.

It is submitted by learned Sr. Counsel for the petitioners that injury of one lacerated abrasion of marginal size was found on the person of the husband of the informant which does not corroborate the accusation against the petitioner Saroj Mahto that he caused injury with knife. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the accusation being not corroborated with medical opinion about the injury caused, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No.463 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T