Madan Mahto And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.44532 of 2016 (2) dt.27-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44532 of 2016 Arising Out of PS.Case No. -275 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Madan Mahto, son of Deonandan Mahto.
2. Raguvir Mahto, son of Deonandan Mahto.
3. Jaichand Mahto, son of Raghuvir Mahto.
4. Tunnu Mahto @ Tunna Mahto, son of Rajendra Mahto, All residents of Village- Bairia, P.S.- Shikarpur, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Sri Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 275 of 2016 registered under Sections 447, 341, 323, 308, 379 and 504/34 of the Indian Penal Code. The accusation is that, on 17.06.2016, petitioner no. 1, Madan Mahto, made ridge in the field of informant, Sunita Devi. On 18.06.2016, in the evening, she made query about creating ridge in her field then petitioner nos. 1 and 2, namely, Madan Mahto and Raghuvir Mahto, threw her on the ground and torn her cloths, as a result, she became half necked. Thereafter, accused persons named in the F.I.R. including the petitioners abused her and took near their house and assaulted through lathi. In the
Patna High Court Cr.Misc. No.44532 of 2016 (2) dt.27-10-2016 meantime, co-accused, Priyanka Kumari and Rabina Kumari snatched her gold chain.
Learned counsel for the petitioners submits that admittedly there is land dispute between the informant the petitioner's family, due to that reason, hot talk was exchange but due to ulterior motive petitioners have falsely been implicated in this case. Moreover, three injuries were found on the person of injured, i.e., swelling and bleeding around right eye, tenderness over right lip and bruise over left calf miscle but the opinion regarding the nature of injuries has been kept reserved for x-ray. Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, connection with Shikarpur P.S. Case No. 275 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T