Teras Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25855 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- PARSA District- Saran ====================================================== 1.

TERAS MAHATO SON OF CHANAR MAHATO R/O VILLAGEBANKERWA P.S.- PARSA, DISTRICT- SARAN 2.

BIMAL DEVI W/O GAUTAM MAHATO R/O VILLAGE- BANKERWA P.S.- PARSA, DISTRICT- SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anjani Parashar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in connection with Parsa P.S. Case No. 279 of 2020 pending in the Court of learned ACJM-IX, Saran at Chapra in a case registered for the offences punishable under Sections 447, 341, 323, 504, 307, 302 and 506/34 of the Indian Penal Code. It is a case of assault upon the victim, namely, Saroj

Patna High Court CR. MISC. No.25855 of 2021(3) dt.10-02-2022 2/2 Devi and informant Kamaldeo Mahto by the accused persons including the petitioners.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. Petitioner has clean antecedent. He further submits that there is case and counter case between the parties.

From perusal of case diary, it appears that the informant Kamaldeo Mahto and victim Saroj Devi sustained injuries and after treatment, Saroj Devi succumbed to the injury and before that she had given her statement before the investigating officer supporting the case of the prosecution and from perusal of the postmortem report, it transpires that the death was due to cerebral injuries and its complications caused by hard and blunt substance, as such, I am not inclined to release the petitioners on anticipatory bail. Prayer for anticipatory bail is rejected.

(Sunil Kumar Panwar, J) brajesh kumar/- U T