Chaintaman Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28487 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -TARAIYA District- SARAN ======================================================

1. Chaintaman Mahto son of Jay Kishore Mahto

2. Teraj Mahto @ Teroj Kumar son of Chintaman Mahto

3. Jugnu Kumar @ Jugunu Kumar son of Chintaman Mahto

4. Kabir Kumar @ Birbal Kumar son of Chintaman Mahto

5. Rajendra Mahto son of Harjanam Mahto

6. Ram Babu Mahto son of Rajeshwar Mahto

7. Sumendra Mahto @ Sumendra Kumar son of Ramjanam Mahto, all residents of village Dewarhi Takath, P.S.Taraiyan, District Saran

8. Mukul Kumar @ Mukal Kumar son of Dinanath Mahto

9. Srikanti Devi wife of Dina Mahto, both residents of village Salakhua, P.S. Amnour, District Sarans .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 448, 452, 392, 324, 307 and 427 of the Indian Penal Code.

Allegation against the petitioners is that they assaulted the informant and his family members and some of the petitioners entered in his house by breaking the door and committed theft. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.28487 of 2017 (2) dt.01-07-2017 2/2 allegation of tampering of witnesses alleged against the petitioners. Both the parties are agnates. As per the complaint, the alleged date of occurrence is 30.03.2016, but the complaint was filed on 02.04.2016. Delay on the part of the prosecution has not been explained.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IXth, Saran at Chapra in connection with Taraiyan P.S. case No.47 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T