Patna High CourtCR. MISC./27697/2020partly allowed disposal

Asharfi Mahto v. The State Of Bihar

2020-11-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27697 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- DORIGANJ District- Saran ====================================================== 1.

ASHARFI MAHTO S/o Late Dashrath Mahto Resident of VillageBhairopur, P.S-Doriganj, District-Saran at Chapra. 2.

Dhupwati Devi W/o Late Asharfi Mahto Resident of Village-Bhairopur, P.SDoriganj, District-Saran at Chapra. 3.

Dhana Kumari D/o Asharfi Mahto Resident of Village-Bhairopur, P.SDoriganj, District-Saran at Chapra. 4.

Sima Devi W/o Sunil Mahto Resident of Village-Bhairopur, P.S-Doriganj, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-11-2020 Heard counsel for the petitioners, learned counsel for the informant and counsel appearing on behalf of the State. The petitioners are apprehending arrest in connection with Doriganj P.S. Case No. 41 of 2020 for offences under Sections 341, 323, 324, 307, 147, 148 and 149 IPC. Allegation against these petitioners is that they were involved in assaulting the informant with knife, lathi and danda.

Learned counsel for the petitioner submits that the petitioners have no criminal antecedent.

Patna High Court CR. MISC. No. 27697 of 2020(2) dt.26-11-2020 2/2 Considering the fact that the petitioner nos.2 to 4 are ladies, the Court is inclined to grant anticipatory bail to them. Let the petitioner nos.2 to 4, above named, in the event of arrest or surrender within four weeks from the date of communication of the order, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Saran at Chapra in connection with Doriganj P.S. Case No. 41 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P. C.

So far as petitioner no.1 (Asharfi Mahto) is concerned, considering the nature of allegation against him, the Court is not inclined to grant anticipatory bail to him. His prayer for anticipatory bail is accordingly rejected. However, the petitioner no1., if so advised, may surrender before the court below and pray for regular bail which shall be considered on its own merit on the same day without being prejudiced by this order.

(Anil Kumar Upadhyay, J) spandey/- U T