Jai Ram Mahto @ Janam Ram Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47973 of 2021 Arising Out of PS. Case No.-141 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
Jai Ram Mahto @ Janam Ram Mahto Son Of Late Bhagelu Mahto Resident of Village - Pokraira, P.S.- Saraiya (Jaitpur O.P), Distt.- Muzaffarpur. 2.
Sudhir Kumar @ Pando @ Pandav Mahto Son of Jai Ram Mahto @ Janam Ram Mahto Resident of Village - Pokraira, P.S.- Saraiya (Jaitpur O.P), Distt.- Muzaffarpur.
3.
Phool Kumari Devi W/o Jai Ram Mahto @ Janam Ram Mahto Resident of Village - Pokraira, P.S.- Saraiya (Jaitpur O.P), Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr.Alok Kumar Alok, Advocate For the Opposite Party :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Saraiya (Jaitpur O.P) P.S. Case No.141 of 2021 registered for offences under Sections 304(B) and 201/34 of the Indian Penal Code.
At the very outset, learned counsel for the petitioners prays for withdrawal of the application on behalf of petitioner nos.1 and 3, namely, Jai Ram Mahto @ Janam Ram Mahto and Phool Kumari Devi.
Patna High Court CR. MISC. No.47973 of 2021(2) dt.21-03-2022 2/3 Prayer is allowed. The application for anticipatory bail is dismissed as withdrawn so far as petitioner nos.1 and 3, namely, Jai Ram Mahto @ Janam Ram Mahto and Phool Kumari Devi are concerned.
In case petitioner nos.1 and 3, namely, Jai Ram Mahto @ Janam Ram Mahto and Phool Kumari Devi surrender and pray for regular bail before the court below within a period of four weeks from today, the court below will consider the petition for regular bail of the petitioners without being prejudiced by the fact that anticipatory bail petition has been rejected by this Court.
So far as petitioner no.2, namely, Sudhir Kumar @ Pando @ Pandav Mahto is concerned, considering the fact that he is Devar of the deceased and is junior member of the family, his application for anticipatory bail is allowed. Accordingly, let petitioner no.2, namely, Sudhir Kumar @ Pando @ Pandav Mahto, in the event of his arrest or surrender within four weeks from today, 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 Additional Chief Judicial Magistrate, 1st (West), Muzaffarpur in connection with Saraiya (Jaitpur O.P) P.S. Case No.141 of 2021,
Patna High Court CR. MISC. No.47973 of 2021(2) dt.21-03-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sandeep Kumar, J) BT/- U T