Patna High CourtCR. MISC./21015/2016bail granted

Baidyanath Mahto And ORS v. State Of Bihar And ANR

2016-05-23Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21015 of 2016 Arising Out of PS.Case No. -1547 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Baidyanath Mahto, S/o Late Jaldhari Mahto

2. Anil Mahto, S/o Baidyanath Mahto.

3. Rajkali Devi W/o Baidyanath Mahto All are Resident of Dhankaul Tola, Barkura, P.S.- Patepur, Dist- Vaishali. .... .... Petitioners

Versus

1. The State of Bihar.

2. Suresh Prasad, S/o Late Tarni Prasad, resident of Village- Dhankaul, P.S.- Patepur, Dist- Vaishali.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajesh Kumar (Gp 19) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Complaint Case No. 1547 of 2014 in which cognizance has been taken under Sections 420, 504 and 323 of the Indian Penal Code. At the outset, it has been contended by learned counsel for the petitioners that during the pendency of the application, petitioner no. 2 Anil Mahto was apprehended by the police, produced before the court below and remanded in judicial

Patna High Court Cr.Misc. No.21015 of 2016 (3) dt.23-05-2016 2/2 custody and thereafter, he has been granted bail. In that view of the matter, the present application under Section 438 of the Code of Criminal Procedure so far petitioner no. 2 is concerned, is disposed of as infructuous. Further taking into consideration the allegations made in the complaint as also the arguments advanced at the Bar, in the event of arrest or surrender in the court below within six weeks from today, the petitioners no. 1 and 3, namely, Baidyanath Mahto and Rajkali Devi respectively are 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 learned SDJM, Hazipur,Vaishali in connection with Complaint Case No. 1547 of 2014, subject to the condition as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Kanchan/- U T