Ram Pravesh Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64270 of 2018 Arising Out of PS. Case No.-270 Year-2018 Thana- AMARPUR District- Banka ======================================================

1. Ram Pravesh Mahto, s/o- Wakil Mahto

2. Vikash Mahto, s/o- Wakil Mahto

3. Manti Devi, wife of Wakil Mahto

4. Pabli Devi @ Pawani Devi, wife of Vikash Mahto

5. Sunita Devi, wife of Ram Pravesh Mahto, All resident of village Navtoliya Kthara, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 341, 323, 307, 504, 506, 379 and 385 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was sitting at her house, the accused persons came and started abusing her and on protest, they assaulted her due to which she sustained injury.

It has been submitted on behalf of the petitioners that the petitioner nos. 4 and 5 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against

Patna High Court Cr.Misc. No.64270 of 2018(2) dt.12-10-2018 2/2 the petitioners. The petitioners have falsely been implicated in the present case. Petitioner nos. 3, 4 and 5 are ladies. 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 Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 270/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T