Mukesh Mahto @Mukesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40287 of 2023 Arising Out of PS. Case No.-336 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

Mukesh Mahto @MUKESH Kumar Mahto Son Of Lagar Matho Resident Of Vill.- Danditola Ps-. Sugauli Dist-. East Champaran 2.

Sonu Mahto Son Of Manju Mahto Resident Of Vill.- Danditola Ps-. Sugauli Dist-. East Champaran 3.

Vikash Mahto Son Of Manju Mahto Resident Of Vill.- Danditola Ps-. Sugauli Dist-. East Champaran 4.

Bijli Mahto @ Bijli Kumar Son Of Manju Mahto Resident Of Vill.- Danditola Ps-. Sugauli Dist-. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Sugauli P.S. Case No. 336 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 354, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that when she went to ease herself, Manju Mahato tried to outrage her modesty but she fled, thereafter the accused

Patna High Court CR. MISC. No.40287 of 2023(2) dt.02-08-2023 2/3 persons came to her house and Manju Mahato ordered to outrage her modesty, on which accused persons tore her saree, Mukesh assaulted Dukhani with an iron rod causing injury on head, thereafter Vikas assaulted her husband by farsa causing injury on head, it is next alleged that Manju assaulted her brother-in-law and Sheshnath by farsa causing injury on their head and thereafter the injured were taken to the hospital.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that specific allegation of assault is against Mukesh, Vikash and Manju but as far as petitioners are concerned, against them there is no allegation of committing any specific overt act.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.40287 of 2023(2) dt.02-08-2023 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sugauli P.S. Case No. 336 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T