Patna High CourtCR. MISC./37672/2014bail granted

Kamlesh Mahto And ANR v. The State Of Bihar

2015-04-24Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37672 of 2014 Arising Out of PS.Case No. -233 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Kamlesh Mahto, S/o Late Nageshwar Mahto

2. Alok Mahto, S/o Late Nageshwar Mahto Resident of village- Jhathiya, P.S.- Sakra, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 24-04-2015 Heard learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for the offences punishable under Sections 147, 323, 504, 420, 506 and 120B of the Indian Penal Code.

Allegation is that when the complainant went to her land, the petitioners objected and assaulted the complainant and said that they have got executed the sale deed by her husband. It is alleged by the complainant/informant that her husband is unsound mind and he has been enticed to execute the sale deed.

It is shown that the allegation is false. It is not in a dispute that the husband has not signed the sale deed or registration.

Hence, having regard to the facts and circumstances of the case, the petitioners, above named, in the

Patna High Court Cr.Misc. No.37672 of 2014 (3) dt.24-04-2015 event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Sakra P.S. Case No. 233 of 2014 to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Gopal Prasad, J) P.K./- U T