Naresh Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17440 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -JAMUI District- JAMUI ======================================================
1. Naresh Mahto Son of Moti Mahto
2. Pramod Mahton @ Pramod Kumar, Son of Bhawani Mahton,
3. Bhawani Mahton, Son of Moti Mahto
4. Rajo Mahton @ Rajeshwar Mahton, Son of Etwari Mahton,
5. Singho Mahton @ Singheshwar Mahton, Son of Etwari Mahton,
6. Ajadi Mahton @ Ajabi Mahton, Son of Prashadi Mahton,
7. Manoj Mahton, Son of Triloki Mahton,
8. Sanjay mahton @ Sanjay Kumar, Son of Ajwi Mahton,
9. Triloki Mahton, Son of Late Nanku Mahton, All residents of village - Amba, P.S. - Jamui, District -Jamui (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Shyam Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 392 and 395 of the Indian Penal Code.
It is alleged that accused persons including the petitioners entered into the house of the informant, assaulted the family members and children and confined them in a room and after breaking the lock, robbed cash of rupees three lacs and ornaments worth rupees one lacs. The police came to the place of
Patna High Court Cr.Misc. No.17440 of 2015 (3) dt.19-05-2015 2/3 occurrence but recorded the fardbeyan but in collusion with accused persons, the case was not registered. It is submitted by the learned counsel for the petitioners that for the occurrence of 5.1.2015 at 9 PM the complaint was filed on 7.1.2015 which came to be registered as police case on 6.2.2015. The petitioners are agnates of the informant. Title Partition Suit No. 222 of 2014 is pending between the parties and subsequently the informant and others caused injury to the petitioners side leading to registration of Jamui PS Case No. 5 of levelling accusation under sections 147,148,149,341,323,307,448,504,337 and 338 IPC and section 27 of the Arms Act against the informant and others. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
It is submitted by learned counsel for the informant that during investigation the witnesses have supported the accusation. Considering the accusation ventilated through delayed complaint in the background of pending partition suit between the parties, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of
Patna High Court Cr.Misc. No.17440 of 2015 (3) dt.19-05-2015 3/3 the like amount each to the satisfaction of learned CJM, Jamui in connection with Jamui P.S. Case No. 27 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T