Dipak Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40083 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== 1.
DIPAK MAHTO S/o Late Ishwar Mahto R/o Mohalla- Sheohar Ward No. 14, P.S.- Sheohar, District- Sheohar 2.
Om Prakash Mahto S/o Bhuneshwar Mahto R/o Mohalla- Sheohar Ward No. 14, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devendra Kumar For the State :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Sheohar P.S. Case No. 79 of 2019, disclosing offences under Sections 307, 323, 341, 379 and 504/34 of the Indian Penal Code.
It appears from the FIR that there is general and omnibus allegation against all the persons named in the FIR of hurling abuses and assaulting the mother of the informant. There is allegation also of snatching of certain valuables. It is alleged against the petitioners of having assaulted the informant and his father with a Khanti.
Learned counsel for the petitioners has submitted that
Patna High Court CR. MISC. No.40083 of 2019(2) dt.01-07-2019 2/2 till date no injury report is on record to corroborate the allegation made in the FIR.
Considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released 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, Sheohar in connection with Sheohar P.S. Case No. 79 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T