Jay Ram Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63525 of 2018 Arising Out of PS. Case No.-98 Year-2018 Thana- BELSAND District- Sitamarhi ======================================================

1. Jay Ram Mahto, Son of Chandar Mahto,

2. Malti Devi, Wife of Chandar Mahto.

3. Rubi Devi, Wife of Jay Ram Mahto.

4. Chandeshwar Mahto, Son of Saukhi Mahto.

5. Samtolia Devi, Wife of Chandeshwar Mahto,

6. Rina Devi, Wife of Niraj Mahto,

7. Rupa Devi, Wife of Dashai Mahto, All residents of VillageBhorha, Post- Patahi, P.S.- Belsand, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashhar Mustafa For the Opposite Party/s :

Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

The prosecution case, in short, is that in the backdrop of the land dispute, the accused persons assaulted the informant and members of his family due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.63525 of 2018(2) dt.11-10-2018 2/2 petitioners. The petitioner has falsely been implicated in the present case. There is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 A.C.J.M. I, Sitamarhi in connection with Belsand P.S. Case No. 98 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T