Sanjay Kumar Mahto @ Sanjay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39906 of 2016 Arising Out of PS.Case No. -136 Year- 2014 Thana -PANAPUR District- SARAN ======================================================
1. Sanjay Kumar Mahto @ Sanjay Mahto Son of Suresh Mahto resident of Village- Marwa Basahiya, P.S.- Panapur, District- Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.
The petitioner apprehends his arrest in Panapur P.S. Case No. 136 of 2014, registered for the offences punishable under Sections 147, 149, 341, 342, 337, 332, 379, 435, 353, 307 of the Indian Penal Code and 3 & 4 of the Prevention of Damage to Public Property Act.
The informant alleged that when he arrived at village Marwa, he found that many persons were shouting and the mob had caught Mukesh. The villagers suspected that Mukesh might have kidnapped Anita @ Sunita Kumari, daughter of Heera Mahto.
It is submitted that the villagers caught Mukesh on mere suspicion that he might have killed the daughter of Heera Mahto
Patna High Court Cr.Misc. No.39906 of 2016 (2) dt.20-09-2016 2/2 after committing rape. When the police reached to save the life of the accused villagers pelted stones on the police party. It is further submitted that no specific allegation is made against the petitioner. The police was protecting the accused and that is why a protest was made. Similarly situated co-accused has already been granted anticipatory bail vide order passed in Cr. Misc. No. 41282/2015. Considering the facts aforesaid and the fact that similarly situated co-accused has already been granted anticipatory bail, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Panapur P.S. Case No. 136 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi U T