Ajeet Kumar Mahto @ Ajit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25986 of 2023 Arising Out of PS. Case No.-7 Year-2021 Thana- RAHIKA District- Madhubani ====================================================== AJEET KUMAR MAHTO @ AJIT MAHTO Son of Surendra Mahto Resident of village-Kamalpur, Ward No. 1, Police Station-Rahika, DistrictMadhubani .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad,Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2023 Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Lalan Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Rahika Town PS Case No. 7/2021 dated 07.01.2021 registered for the offence punishable under Sections 341, 323, 504, 354, 379/34 of the IPC and Sections 3⁄4 of the Prevention of Witch (Daain) Practices Act.

3. As per prosecution story, while the informant was at her home, in the meantime, her villager, Ajit Mahto (petitioner) came there and started abusing her by calling Daain and and further told her that she has applied witchcraft upon the petitioner due to which he has become lean and thin. Other accused persons have, allegedly, assaulted the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25986 of 2023(2) dt.14-07-2023 2/2 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to family dispute. He further submits that the petitioner is nephew of the informant and there is no allegation of assault upon him and the only allegation is that he allegedly, bitten the informant with his teeth.

5. Regards being had to the submissions made by the parties, taking into consideration the nature of allegation and the fact that the petitioner is nephew of the informant, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, AJEET KUMAR MAHTO @ AJIT MAHTO, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class- Madhubani in connection with Rahika Town PS Case No. 7/2021, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T