Sitaram Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43893 of 2016 Arising Out of PS.Case No. -199 Year- 2016 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sitaram Mahto Son of Late Ramautar Mahto

2. Shambhu Mahto Son of Late Ramautar Mahto

3. Rani Devi Wife of Bharat Mahto All residents of village - Peonibag Banswariya, Ward No. 32, P.S. Bettiah Town, District - West Champaran .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Bettiah Town P.S. Case No. 199 of 2016 for the offence instituted under Section 302/34 of the Indian Penal Code. The allegation against the petitioners is of committing assault upon the deceased, by means of hard and blunt substance, causing death of the deceased.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. The petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.43893 of 2016 (3) dt.15-12-2016 2/2 allegation of tampering of witnesses alleged against the petitioners. There is admitted land dispute between the parties and multiple of cases are pending between them. The allegation is of causing injury by hard and blunt substance upon the deceased. From the perusal of the postmortem report, it appears that the deceased has died due to cardiac arrest. There is no external injury on the body of the deceased.

On behalf of the State and the counsel for the informant, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Bettiah Town P.S. Case No. 199 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) Amit/- U T