Munna Mahato And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47108 of 2018 Arising Out of PS.Case No. -102 Year- 2017 Thana -PIPRAKOTHI District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Munna Mahato, Son of Late Bhikham Mahato,
2. Lal Babu Mahto, Son of Rabindra Mahato,
3. Ranju Devi, Wife of Raja Mahato, All resident of Village- Bathana, P.S.- Pipra Kothi, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Piprakothi P.S.Case No.102 of 2017 , registered for offences punishable under Sections 341, 323, 354(B), 307, 379, 504/34 of the Indian Penal Code.
Allegation against one Raja Mahto is that he caught hold the daughter of the informant and tried to disrobe her and when she raised hulla, her family members came and tried to caught him in the meantime, the petitioner no.3 came and assaulted by Tangi and there is allegation against the other petitioners of assault. Submission of the learned counsel for the petitioners is that the injuries are simple in nature and moreover no specific allegation has been attributed against the petitioner nos.1 and 2
Patna High Court Cr.Misc. No.47108 of 2018 (2) dt.14-08-2018 2/2 and the main allegation is against Raja Mahto. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of 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 learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Eat Champaran at Motihari in connection with Piprakothi P.S.Case no.102 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T