Pyare Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13266 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -PAKARIBARAW District- NAWADA ======================================================
1. Mishri Yadav S/o Late Jagdish Yadav
2. Dharamraj Yadav S/o Budhu Yadav
3. Girani Yadav S/o Late Chhotan Yadav All are resident of village - Padariya, Police Station - Dhamaul, ( Pakribarawan ), District - Nawada .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s with Criminal Miscellaneous No.15410 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -PAKARIBARAW District- NAWADA ======================================================
1. Pyare Mahto Son of Late Prasadi Mahto Resident of village - Parariya, P.S. Pakriwarawan ( Dhamaul ), District - Nawadah .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-06-2015 Both the above-said petitions arise out of Pakribarawan P.S. Case No. 49 of 2014 registered under Sections-364, 307/34 & other minor sections of the Indian Penal Code and, accordingly, both the above-said petitions are being heard and disposed off by this common order. Heard learned counsels for the petitioners and learned Additional Public Prosecutor for the State. Petitioner Nos. 1 & 2 in Cr. Misc. No. 13266 of 2015 are named in the first information report whereas; the name of the petitioner No. 3 in Cr. Misc. No. 13266 of 2015
Patna High Court Cr.Misc. No.13266 of 2015 (3) dt.30-06-2015 2/2 as well as the petitioner in Cr. Misc. No. 15410 of 2015 sprang in this case in course of investigation. The informant came to know that the FIR named accused and one unknown person committed the alleged occurrence but when the statement of victim was recorded, he stated about the petitioners and other accused.
The contention on behalf of the petitioners is that on 27-02-2014, the petitioner No. 1 of Cr. Misc. No. 13266 of 2015 lodged Pakribarawn P.S. Case No. 46 of 2014 and in retaliation to the above-said case, the petitioners have been implicated in the present case. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Pakribarawn (Dhamaul) P.S. Case No. 49 of 2014 to the satisfaction of Learned Sub Divisional Judicial Magistrate, Nawada.
(Hemant Kumar Srivastava, J) A.K.V./- U T