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Patna High CourtCR. MISC./52051/2021allowed

Sunil Kumar Mahto @ Sunil Mahto @ Sunil Kumar v. The State Of Bihar

2022-05-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52051 of 2021 Arising Out of PS. Case No.-207 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== 1.

Sunil Kumar Mahto @ Sunil Mahto @ Sunil Kumar S/O Late Chhathi Mahto R/o village- Babura, P.S.- Barhara, District- Bhojpur. 2.

Tuntun Mahto @ Ram Kumar Bharti S/o Late Chhathi Mahto R/o villageBabura, P.S.- Barhara, District- Bhojpur. 3.

Minta Devi W/o Sunil Mahto R/o village- Babura, P.S.- Barhara, DistrictBhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Viveka Nandsingh For the Opposite Party/s :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Barhara P.S. Case No.207 of 2021, registered for the offences punishable under Sections 304(b) and 201 of the Indian Penal Code. The petitioners are said to have killed the daughter of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that no specific allegation is made against the petitioners. It is submitted that petitioners no.1 and 2, namely, Sunil Kumar Mahto @ Sunil Mahto @ Sunil Kumar and Tuntun Mahto @ Ram Kumar Bharti are cousin brothers of the husband of the deceased and petitioner no.3, Minta

Patna High Court CR. MISC. No.52051 of 2021(2) dt.06-05-2022 2/2 Devi is the wife of petitioner no.1. It is further submitted that the husband of the deceased has already surrendered before the learned court below on 23.06.2021. It is submitted that similarly situated co-accused, Chaturbhuj Kumar @ Chaturbhuj Mahto has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.11.2021, passed in Cr. Misc. No.48914 of 2021.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that similarly situated co-accused has already been enlarged on anticipatory bail, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara P.S. Case No.207 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T