Amaresh Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4700 of 2018 Arising Out of PS.Case No. -310 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================
1. Amaresh Mahto,
2. Manju Mahto, Sl. Nos. 1 &2 are sons of Late Suraj Mahto,
3. Munna Mahto, Son of Manju Mahto,
4. Manjay Lal Mahto, Son of Surendra Mahto, All are resident of VillageJalalpur, Mohanpur, P.S.- Patori (Mohanpur O.P.), District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-02-2018 Heard the learned counsels for the parties.
The petitioners seek bail in anticipation of their arrest in connection with Patori (Mohanpur O.P.) P.S. Case No. 310/2017 dated 04.09.2017 instituted for the offences under Sections 323, 324, 307, 379, 354(B), 447, 147, 148, 149, 341, 427 and 504 of the Indian Penal Code.
Because of the dispute over payment of money for the land which was acquired by the government, the families of two brothers had fought on 27.08.2017. It has been alleged that on the orders of the elder brother of the informant, viz. Gaya Mahto, Shashindra Mahto and Nawal Mahto assaulted the informant and his widowed daughter. It has then been stated that the petitioners and many others, whose names the informant did not remember at the time of lodging the F.I.R., came inside the house and made attempts
Patna High Court Cr.Misc. No.4700 of 2018 (2) dt.05-02-2018 2/2 to take away articles and also vandalized the articles kept in the house.
Learned counsel for the petitioners has submitted that specific allegation of assault or of outraging the modesty of the daughter of the informant is against other accused persons and not against the petitioners. The petitioners have been named in the F.I.R. as their being agnates and supporters of Gaya Mahto and his clan. It has further been submitted that only because the petitioners are sympathesizers of aforesaid Gaya Mahto, they have been arraigned in the present case.
The petitioners do not have any criminal antecedents. Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their arrest/surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Patori (Mohanpur O.P.) P.S. Case No. 310/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J.) Rakhi U T