Binod Mahto @ Vinod Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41753 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- MAHILA P.S. District- Samastipur ====================================================== 1.
BINOD MAHTO @ VINOD MAHTO SON OF YOGI MAHTO Resident of village- Shitalpatii Ward no. 06 PS- Samastipur Muffasil District -Samastipur 2.
ABHINANDAN KUMAR @ S.P. @ M.P. SON OF BINOD MAHTO @ VINOD MAHTO Resident of village- Shitalpatii Ward no. 06 PSSamastipur Muffasil District -Samastipur 3.
KUNDAN KUMAR SON OF BINOD MAHTO @ VINOD MAHTO Resident of village- Shitalpatii Ward no. 06 PS- Samastipur Muffasil District -Samastipur 4.
LAKSHMI DEVI WIFE OF BINOD MAHTO @ VINOD MAHTO Resident of village- Shitalpatii Ward no. 06 PS- Samastipur Muffasil District -Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2024 At the outset, learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 2.
2. Permission is granted.
3. The anticipatory bail application with respect to petitioner No. 2, namely, Abhinandan Kumar @ S.P. @ M.P. is dismissed as withdrawn.
4. Heard the parties.
5. Petitioner Nos. 1, 3 & 4 apprehend arrest in a case
Patna High Court CR. MISC. No.41753 of 2024(2) dt.16-07-2024 2/3 registered for the offences punishable under Sections 376, 341, 323, 324, 325, 354(C), 504, 506/34 of the Indian Penal Code.
6. It is alleged that on false pretext of marriage coaccused Chandan Kumar established physical relationship of the informant and later on, these petitioners, who are family members of co-accused Chandan Kumar, refused to marry and threatened the informant to make her obscene videos viral. It is further alleged that co-accused Abhinandan Kumar assaulted the informant as a result of which her right hand got fractured.
7. Learned counsel for the petitioners submits that specific accusation of commission of rape is against co-accused Chandan Kumar. So far these petitioners are concerned, there is no allegation of specific overt act against them.
8. In view of the aforesaid facts and circumstances of the case, the anticipatory bail with regard to petitioner Nos. 1, 3 & 4 is allowed and it is ordered that the above named petitioner Nos. 1, 3 & 4 in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Samastipur in connection with Samastipur Mahila P. S. Case No. 5 of 2024,
Patna High Court CR. MISC. No.41753 of 2024(2) dt.16-07-2024 3/3 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T