Malu Mahto @ Krishna Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3399 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Malu Mahto @ Krishna Mahto son of Madan Mahto

2. Munna Mahto son of Harendra Mahto Both are residents of village Kabiraj Tola, Bucheya, P.S. Sidhwaliya, Dist. Gopalganj. .... .... Appellant/s

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Jeetendra Narayan For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-01-2018 Heard learned counsel for the parties.

This appeal is under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by learned Addl. District and Sessions Judge Ist-cum-Spl Judge, Gopalganj in connection with Sidhwaliya P.S. Case No.59 of 2016 registered under Section 302, 34 of Indian Penal Code and 3(2) V 3(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the appellant and other named accused is of brutal assault, as a result whereof, victim died. The postmortem reveals that no external injury was found by the Doctor. Submission is that co-accused, Madan Mahto, has already been granted bail by a coordinate Bench of this Court in

Patna High Court CR. APP (SJ) No.3399 of 2017 (3) dt.02-01-2018 2/2 Cr.Appeal(SJ) No.521 of 2017 vide Annexure '4'. Considering the nature of allegation, let both the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sidhwaliya P.S. Case No.59 of 2016.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Sanjeev/- U T