Baidnath Mahto v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30854 of 2015 Arising Out of COMPLAINT CASE No. -1169 Year- 2012 Thana - SAMASTIPUR District- SAMASTIPUR ====================================================== Baidnath Mahto Son of Ramji Mahto Resident of village - Birsahiya, P.S. Bibhutipur, District - Samastipur .... .... Petitioner
Versus
1. The State of Bihar
2. Arun Ram Son of Late Baleshwar Ram Resident of village - Narahanestate, Tole - Raipati, P.S. Bibhutipur, District - Samastipur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-07-2015 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 1169/2012, registered for the offences punishable under Sections 379, 452, 348, 323 and other Sections of the Indian Penal Code.
The informant alleged that the petitioner entered into his house and assaulted the informant and his brother-in-law and took him and his brother-in-law at Samastipur. They also snatched their mobile.
It is submitted that prior to institution of this case, the sister of Avinash Kumar was kidnapped and for that Rosera P.S.
Patna High Court Cr.Misc. No.30854 of 2015 (2) dt.30-07-2015 2/2 Case No. 157/2011 was registered. Similarly situated co-accused namely Avinash Kumar and others have already been enlarged on anticipatory bail vide order dt. 13.04.2015 passed in Cr. Misc. No. 14407/2015. The police after investigation found the case false and submitted final form but the learned SDJM took cognizance against the finding of the investigating officer. Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Arun Kumar, learned Judicial Magistrate 1st Class, Rosera in Samastipur in connection with Complaint Case No. 1169/2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi/- U T