Jokhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55777 of 2016 Arising Out of PS.Case No. -224 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jokhu Mahto, Son of Bacha Mahto, Resident of Village- Bada Pareuwa, Police Station- Haraiya, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-01-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Raxaul P.S. Case No. 224 of 2016, registered under Sections 353, 332, 333, 307, 504 and 506 of the Indian Penal Code, pending in the court of the S.D.J.M. Raxaul, Motihari. The accusation is that informant, under the leadership of Officer-in-Charge, Raxaul, was on patrolling duty on the eve of Durga Puja. In the meantime, two persons were seen scuffling to each other for money dispute at block road. Out of which informant boarded Jokhu Mahto (Petitioner) on the motorcycle and proceeded for Police Station for settlement of the dispute. In the way, petitioner began to abuse the informant like a mad person and also tried to press his neck by means of Gamhha and

Patna High Court Cr.Misc. No.55777 of 2016 (2) dt.17-01-2017 2/2 also made attempt to cause assault to the Police personnel after taking iron rod from the grill shop and succeeded to flee away from there.

Learned counsel for the petitioner submits that, in fact, petitioner was tortured by the Police on the occasion of Durga Puja and also implicated in the present false case. Further submission is that petitioner had given an application against the Police official regarding his harassment to the Chairman, Human Rights Commission, Patna, Bihar on which the Human Rights Commission has taken cognizance in the matter. Having considered the facts and circumstances of the case and the criminal antecedent of the petitioner as detailed in para-3 of the petition, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within two weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) manish/- U T