Dharamveer Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21665 of 2023 Arising Out of PS. Case No.-48 Year-2020 Thana- KRITYANAND NAGAR District- Purnia ====================================================== DHARAMVEER MAHTO S/O BILAS MAHTO @ KAILASH MAHTO R/O VILLAGE- JHUNNI KALA, BINTOLI, JHUNI, GADHIYA BALUA, P.S- K. NAGAR, DISTT.- PURNEA, BIHAR- 854304 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. The informant alleges that on 05.02.2020 on account of land dispute relating to land the brother of informant, namely, Kailash along with the petitioner came to his courtyard and started abusing and on protest by his daughter the accused persons assaulted her with fists and slaps and thereafter fled, it is next alleged thereafter, the accused again came with other named accused persons as it is alleged that Kailash assaulted the informant with dhabiya causing injury and other accused persons also assaulted them.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.21665 of 2023(2) dt.04-07-2023 2/2 petitioner is a person with clean antecedent and has been falsely implicated merely for the reason that he is son-in-law of Kailash Mahto who is own brother of the informant and there is a land dispute between the parties, it is next submitted that even from perusal of the allegation as alleged in the FIR it would manifest that no specific allegation of assault is alleged against him. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with K.Nagar P.S. Case No. 48 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T