Imrit Mahto And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39197 of 2015 Arising Out of PS.Case No. -164 Year- 2015 Thana - GHORASAHAN District- EASTCHAMPARAN(MOTIHARI) =====================================

1. Imrit Mahto.

2. Dheyani Mahto.

Both sons of Late Yadav Mahto.

3. Bhagirath Mahto.

4. Raghunath Mahto @ Raghunath Pd.

5. Abinash Mahto @ Abhinash Prasad.

All three sons of Imrit Mahto.

6. Jalil Mian, son of Manshi Mian.

All residents of VillageRajwara Madhubani, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s :Mr. Ambika Bhagat, SPL.A. P.P. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Ghorasahan P.S. Case No.164 of 2015,

Patna High Court Cr.Misc. No.39197 of 2015 (2) dt.28-09-2015 2/3 disclosing offences under Sections 147, 447, 427, 341, 323, 504 and 506 of the Indian Penal Code and 3(i) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

Considering the nature of allegation and submission made on behalf of the petitioners that no offence under Section 3(i) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act is made out, the occurrence not having alleged to have taken place within public view, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana, East Champaran in connection with Ghorasahan P.S. Case No.164 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when

Patna High Court Cr.Misc. No.39197 of 2015 (2) dt.28-09-2015 3/3 required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/- U T