Shankar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45702 of 2021 Arising Out of PS. Case No.-152 Year-2020 Thana- MARANCHI District- Patna ====================================================== 1.
SHANKAR MAHTO Son of Late Gorelal Mahto Resident of Village - Rajesh Nagar, P.s.- Maranchi, Distt.- Patna.
2.
MANTU KUMAR SON OF LATE GORELAL MAHTO Resident of Village - Rajesh Nagar, P.s.- Maranchi, Distt.- Patna. 3.
RINKU DEVI W/O SHANKER MAHTO Resident of Village - Rajesh Nagar, P.s.- Maranchi, Distt.- Patna.
4.
ANJALI KUMARI D/O SHANKER MAHTO Resident of Village - Rajesh Nagar, P.s.- Maranchi, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Maranchi P.S. Case no. 152 of 2020 instituted for the offence punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.
As per allegation in the FIR, it is a case of assaulting to the informant, his mother and his children by the accused persons including the petitioners due to which they sustained
Patna High Court CR. MISC. No.45702 of 2021(4) dt.04-07-2022 2/3 injuries.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. General and omnibus allegations have been levelled against them. Only one injury report in respect of Parwati Devi is available in the case diary. She has sustained simple injury. No other injury report is available on record. There is case and counter case. Both parties are close agnates. FIR has been lodged after a delay of three days without any explanation, which falsify the prosecution story.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Maranchi P.S. Case no. 152 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,
Patna High Court CR. MISC. No.45702 of 2021(4) dt.04-07-2022 3/3 1st Class, Barh, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U