Laljee Mahto @ Lalji Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61044 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ======================================================

1. Laljee Mahto @ Lalji Singh, Son of Jagdish Mahto,

2. Dilip Mahto @ Dilip Kumar, Son of Laljee Mahto,

3. Rinku Mahto, Son of Rampati Mahto,

4. Deepak Mahto, Son of Rampati Mahto,

5. Rukmini Devi, Wife of Laljee Mahto,

6. Sabita Devi @ Savita Devi, Wife of Munip Singh @ Munip Mahto,

7. Lalita Devi, Wife of Alha Mahto,

8. Santara Devi, Wife of Dilip Mahto @ Dilip Kumar,

9. Kanchan Devi, Wife of Upendra Mahto, All residents of Village- Kolhai Baruna, Police Station- Akorhigola, District- Rohtas at Sasaram.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv. For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Akorhigola P. S. Case No. 108 of 2017 registered under Sections 147, 149, 341, 323, 447, 307, 337, 338, 379 and 504 of

Patna High Court Cr.Misc. No.61044 of 2017 (2) dt.22-12-2017 2/3 the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that there is case and counter case and the injuries sustained by the members of the prosecution party are all simple in nature. He submitted that the petitioners are co-villagers of the informant and at the intervention of common friends and well wishers, the matter has amicably been resolved between the parties and a joint compromise petition has also been filed in the court.

On the other hand, learned counsel for the State submitted that the offences punishable under Sections 307 and 309 of the Indian Penal Code are not compoundable in nature. He submitted that though there is case and counter case, two persons from the side of the prosecution had sustained simple injuries.

Regard being had to the submissions made on behalf of the parties, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Rohtas at Sasaram in Akorhigola P. S. Case No. 108 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of

Patna High Court Cr.Misc. No.61044 of 2017 (2) dt.22-12-2017 3/3 Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T