Sheetal Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3154 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Sheetal Mahto

2. Rajesh Mahto

3. Ram Babu Mahto

4. Raghuveer Mahto All sons of Maharaj Mahto All are Resident of villParsauni Melbar,Ward No.15,P.S-Parsauni,Distt.-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Sharan, Advocate. For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2015 Heard both sides.

The petitioners apprehend their arrest in Parsauni P.S. Case No. 105 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. Surendra Mahto the informant named six persons and alleged that he had given Rs. 80,000/- to the petitioners for purchasing lands, but the petitioners came and refused to execute the sale deed and also refuse to return the money. It is also alleged that all the accused persons made indiscriminate assault. Raghunath Mahto assaulted the mother of the informant with Dabia sharp cut weapon on her head.

Patna High Court Cr.Misc. No.3154 of 2015 (2) dt.22-01-2015 It is submitted that there is omnibus and general allegation against the petitioners. Raghunath Mahto is not the petitioner in the present case. There is very specific allegation against Raghunath Mahto. From the side of the petitioner also Parsauni P.S. Case No. 104 of 2014 was registered against the informant and others. The case of the petitioner is earlier in point of time. Present case is counter blast.

Considering the facts aforesaid and the fact that there is omnibus and general allegation of assault against the petitioners and it is submitted that the injuries found on the injured except the mother of the informant are simple in nature, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Parsauni P.S. Case No. 105 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T