Budhan Mahato v. The State Of Bihar
Patna High Court Cr.Misc. No.48138 of 2015 (2) dt.30-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48138 of 2015 Arising Out of PS.Case No. -388 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== BUDHAN MAHATO, SON OF LATE SARYUG MAHATO, RESIDENT OF VILLAGE- PARSA MAUJE, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN, BETTIAH .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Rohit Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Majhaulia P.S. Case No. 388 of 2015, registered under Sections 341, 323, 302 and 504/34 of the Indian Penal Code.
The accusation is that due to keeping of Bamboo, near the way by the informant, Amrika Mahto, Pappu Mahto and this petitioner came at the door of informant and started to assault him. When the mother of the informant came to save him then she was also assaulted by the accused persons, who died at the spot. Learned counsel for the petitioner submits that, in fact, deceased, Jokhni Devi, mother of the informant, died due to heart
Patna High Court Cr.Misc. No.48138 of 2015 (2) dt.30-10-2015 attack but due to ulterior motive petitioner and others have falsely been implicated in this case. It is further submitted that while the allegation against the petitioner is to cause injury through the Lathi and Danda but no external injury was found on the person of the deceased. It is further submitted that petitioner has no criminal antecedent and is in custody since 22.07.2015. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 388 of 2015. (Rajendra Kumar Mishra, J) Bhardwaj/- U T