Baidya Nath Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54994 of 2016 Arising Out of PS.Case No. -271 Year- 2016 Thana -BAHERA District- DARBHANGA ======================================================

1. Baidya Nath Mahto, S/o Late Kuse Mahto

2. Sarvan Mahto, S/o Baidhya Nath Mahto.

3. Pawan Mahto, S/o Baidhya Nath Mahto. All residents of VillageLaskmanpur, P.S. Bahere, District- Darbhanga. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bahera P.S. Case no. 271 of 2016, registered under Sections 341, 323, 379 and 354/34 of the Indian Penal Code.

The accusation is that when informant Parmila Devi was cleaning her hands and legs at her door at that time petitioner No.1 forbade her and called his sons then all the petitioners started assaulting the informant through fists and slaps. At that time, they also snatched his Mangalsutra worth of Rs. 45,000/-. Learned counsel for the petitioners submits that petitioners and informant are close agnates and due to land dispute hot talks were exchanged, but with ulterior motive, the informant lodged the present case with false allegation of causing injury through fists

Patna High Court Cr.Misc. No.54994 of 2016 (2) dt.09-01-2017 2/2 and slaps and snatching of golden chain. Moreover, the injuries found on the person of the informant are simple in nature. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Darbhanga in connection with Bahera P.S. Case No. 271 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T