Rajdeo Mahto @ Rajdev Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18701 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Rajdeo Mahto @ Rajdev Mahto (M), aged about 39 years, Son of Dasai Mahto.

2.

Sanjay Mahto (M), aged about 38 years, son of Indrashan Mahto. 3.

Prahalad Mahto (M), aged about 59 years, Son of Ram Chhatri Mahto. 4.

Geyan Mahto @ Gayan Mahto @ Gyan Mahto (M), aged about 68 years, son of Late Baldev Mahto.

5.

Mahendra Mahto (M), aged about 38 years, Son of Late Ramchandra Mahto. 6.

Chana Devi @ Chanda Devi (F), aged about 38 years, Wife of Mahendra Mahto.

7.

Binod Mahto @ Vinod Mahto (M), aged about 43 years, Son of Daroga Mahto.

All are resident of Village - Mathlohiyar, Nuniya Tola, P.S.- Harsidhi, District - East Champaran.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Partys ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshuman Singh, Advocate Mr. Rakesh Kumar No.1, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Harsidhi P.S. Case No. 99 of 2018, registered for the offence under Sections 147, 148, 149, 323, 354(B), 379, 386 and 308 of the Indian Penal Code. Allegation has been made that on 27.03.2018, the

Patna High Court CR. MISC. No.18701 of 2019(2) dt.28-03-2019 2/3 accused persons, who have been mentioned in the F.I.R. formed an unlawful assembly, entered into the house of the informant holding deadly weapons and took away the ornaments as also assaulted the informant and tried to outrage her modesty. It has also been alleged that this incident has happened on account of death of one Ramesh Mahto and those who were accused in that case are absconder.

Learned counsel for the petitioners submits that basically the allegation has been made against one Sukat Mahto, he along with Krishna Mahto and Shatrudhan Mahto have been granted anticipatory bail by this Court in Criminal Miscellaneous No.55830 of 2018.

Looking to the aforesaid facts, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, in connection with Harsidhi P.S. Case no. 99 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the

Patna High Court CR. MISC. No.18701 of 2019(2) dt.28-03-2019 3/3 purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) pawan/- U T