Patna High CourtCR. MISC./55739/2017partly allowed disposal

Sanjay Mahto And ANR v. The State Of Bihar

2017-12-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55739 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Sanjay Mahto son of Tuna Mahto.

2. Mahalaxmi Devi wife of Sanjay Mahto Both resident of village - Mathwar, P.S.-Ghanshyampur, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the State : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Ghanshyampur P.S. Case No. 34 of 2016 registered under Sections 147, 341, 323, 324, 307 and 379 of the Indian Penal Code.

Regard being had to the allegation that the petitioners assaulted the husband of the informant as a result of which he sustained injuries on the head and was referred to Darbhanga Medical College Hospital, Darbhanga for treatment, I am not inclined to grant pre-arrest bail to petitioner no.1 Sanjay Mahto. Accordingly, his application filed under Section 438 of

Patna High Court Cr.Misc. No.55739 of 2017 (3) dt.20-12-2017 2/2 the Code of Criminal Procedure is rejected.

In view of the fact that petitioner no.2 Mahalaxmi Devi is a lady having no criminal antecedent, in the event of arrest or surrender in the court below within six weeks from today, she is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Ghanshyampur P.S. Case No.34 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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