Laxman Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26666 of 2020 Arising Out of PS. Case No.-132 Year-2019 Thana- BHEJA District- Madhubani ====================================================== 1.

Laxman Mahto S/o Late Budhan Mahto Resident of Village-Daldal, P.S.- Bheja, District-Madhubani.

2.

Uma Shankar Mahto S/o Laxman Mahto Resident of Village- Daldal, P.S.- Bheja, District-Madhubani.

3.

Baijnath Mahto @ Baiju Mahto @ Baidnath Mahto S/o Late Phekan Mahto Resident of Village- Nandenagar, P.S.-Lakhnaur, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-03-2021 A supplementary affidavit has been filed on behalf of the petitioners.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/448/354A/504/34 of the Indian Penal Code and Section 3⁄4 of the Dian Act.

The daughter of petitioner Laxman Mahto had filed Bheja P.S. Case No.25 of 2012 under Section 376/34 of the

Patna High Court CR. MISC. No.26666 of 2020(7) dt.25-03-2021 2/3 Indian Penal Code against the husband of the informant of this case and others. Trial against the husband of the informant is pending whereas co-accused Anil Mahto was convicted by the learned trial Judge after conclusion of the trial. In the aforesaid background allegation against the petitioners is that they variously armed entered into the house of the informant and committed assault alleging that the informant plays witchcraft.

Considering the background of allegation and statement of the petitioners on oath that they have got no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bheja Police Station Case No. 132 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Patna High Court CR. MISC. No.26666 of 2020(7) dt.25-03-2021 3/3 The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T