Uma Shankar Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44375 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -DARAUNDHA District- SIWAN ======================================================

1. Uma Shankar Mahto, Son of Late Bijali Mahto

2. Ranjay Mahto, Son of Umashankar Mahto

3. Chhotu Mahto, Son of Umashankar Mahto All Resident of VillageBaswaria Tola, P.S.- Daraunda, District- Siwan. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party : Mr. Sri Akbar Ali (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Daraunda P.S. Case No. 102 of 2017, registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Allegedly, the petitioner Uma Shankar Mahto gave sword blow on the informant, but in the meantime daughter-in-law and grand daughter came for rescue and then the petitioner Uma Shankar Mahto assaulted Bindu Devi with sword. The petitioner Ranjay Mahto assaulted Sita Kunwar with sword and Chhotu Mahto also assaulted Poonam Kumari with sword. Submission is of false implication and that no sharp cut injury has been found on the person of the injured, all the injuries are caused by hard and blunt substance and those injuries

Patna High Court Cr.Misc. No.44375 of 2017 (2) dt.21-09-2017 2/2 are simple in nature and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that there is specific allegation against the petitioners who have assaulted with sword.

In the facts and circumstances as stated above, considering that doctor who had examined the injury has found the injuries caused by hard and blunt substance on all the injured and there is no injury of the informant and, as such, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XI, Siwan, in connection with Daraunda P.S. Case No.102 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T