Ganaur Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35563 of 2019 Arising Out of PS. Case No.-404 Year-2018 Thana- MAHESI District- East Champaran ====================================================== 1.

Ganaur Mahto Son of Raghubir Mahato Resident of Village- Kasba Mehsi, P.S.- Mehsi, District- East Champaran.

2.

Girja Devi Wife of Raghubir Mahato Resident of Village- Kasba Mehsi, P.S.- Mehsi, District- East Champaran.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party :

Mr.Bharat Bhushan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code.

Prosecution case in brief is that accused Raghubir Mahato called informant's son, thereafter he was brutally assaulted and thrown at his door next day in the injured condition. It is alleged that petitioners, being son and wife of said Rabhubir Mahato respectively, also assaulted informant's son.

Learned counsel for the petitioners submits that the informant is not the eye witness of the occurrence and the allegation against the petitioners is general and omnibus and

Patna High Court CR. MISC. No.35563 of 2019(3) dt.07-08-2019 2/2 specific allegation is against Raghubir Mahato. Petitioners have got no criminal antecedent.

Considering the facts of the case, let the petitioners, above named, in the event of their arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in Mehsi Police Station Case No. 404 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners. (Prabhat Kumar Singh, J) Shashi U T