Baidhnath Mahto And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40318 of 2015 Arising Out of PS.Case No. -245 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Baidhnath Mahto Son of Shiv Mahto

2. Madan Mahto Son of Shiv Mahto

3. Rakesh Mahto Son of Madan Mahto

4. Raghuwar Mahto Son of Baidhnath Mahto

5. Yogendra Mahto Son of Baidhnath Mahto All resident of village - Gayghat Briti Tola, Police Station - Harsidhi, District - East Champaran

6. Shiv Sagar Mahto Son of Dahari Mahto resident of village - Bahadurpur, Police Station Govindganj, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 354A, 385, 379 and other allied sections of the Indian Penal Code. It is submitted on behalf of the petitioners that earlier petitioner no.1 was attacked at the instance of the informant of the present case as he asked the informant to return the amount which he had given to her and then to take back the hand note but she refused to do so and managed attack on petitioner no.1 whereafter

Patna High Court Cr.Misc. No.40318 of 2015 (2) dt.07-10-2015 2/2 petitioner no.1 filed complaint case on 26.06.2015 and the present case has been filed on 03.07.2015 by way of defence to the said case.

Let petitioners surrender in the court of Chief Judicial Magistrate, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 245 of 2015 within four weeks from the date of receipt/ production of a copy of this order whereafter the court below shall examine the injury report which was generated after petitioner no.1 suffered injuries prior to filing of the complaint case on 26.06.2015 and in case petitioner no.1 suffered grievous injuries, petitioners above named be admitted to the privilege of bail, amount whereof shall be fixed by the court below, otherwise the court below shall pass appropriate order in the matter in accordance with law.

(V.N. Sinha, J.) Arjun/- U T