Raj Kishore Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28857 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raj Kishore Mahto s/o Gauri Mahto

2. Indal Mahto s/o late Gaida Mahto Both r/o Khajuriya, P.S. Govindganj, Dist. E.Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under section 144, 323, 324, 307, 447 and 379 of the I.P.C The prosecution story, in brief, is that all the accused persons come with various arms and abused in filthy language to the informant due to dispute regarding drain water. It is further alleged that wife of the informant, Bhabhi and other female members of his family were assaulted by them and they have received various injuries.

It is submitted on behalf of the petitioners that it is a

Patna High Court Cr.Misc. No.28857 of 2015 (2) dt.24-07-2015 2/2 case and counter case. It is further submitted that the petitioners have been implicated in this case due to land dispute between the parties.

On behalf of the State, it has been submitted that there is specific allegation of assault against petitioner no.2. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to petitioner no.2 and therefore the same is rejected.

So far petitioner no.1 is concerned, in the event of his arrest or surrender in the court below within a period of four weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. S.D.J.M. Sadar at Motihari East Champaran in Govindganj P.S. Case No. 7 of 2015, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Sudhir Singh, J) Abhay/- U T