Shrikishun Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48719 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -CHANPATIA District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Shrikishun Mahto, son of late Satan Mahto

2. Dadan Mahto, son of Shri Kishun Mahto

3. Madan Mahto @ Mahdan Mahto, son of Shri Kishun Mahto

4. Sambhu Mahto, son of Bharat Mahto All are resident of village- Lagunaha, Police Station- Chanpatiya, District West Champaran.

.... .... Petitioners

Versus

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

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate. For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2016 Heard both sides.

The petitioners apprehend their arrest in Chanpatiya P.S. Case No. 118 of 2016 registered under Section 307 and other Sections of the Indian Penal Code.

It is alleged by Lalu Mahto, informant that some altercation had taken place with his Bhabhi over flowing of rainy water from the roof. The petitioner No. 1 Shrikishun Mahto and petitioner No. 3 Madan Mahyto @ Mahdan Mahto are alleged to

Patna High Court Cr.Misc. No.48719 of 2016 (2) dt.15-12-2016 2/3 have assaulted the sister-in-law (Bhabhi) of the informant. Sambhu Mahto is said to have assaulted the informant with lathi and Parwesh Mahto assaulted with Garansa on the head of the informant whereas petitioner No. 2 is alleged to have snatched Rs.1,000/- from his pocket.

Learned counsel for the petitioner submits that there is a counter version bearing Chanpatia P.S. Case No. 117 of 2016. The informant Lalu Mahto got one incised wound on his head and the said injuries attributed to Parvesh Mahto who is not the petitioner herein. Lalu Mahto did not get any other injuries except abrasion on right leg as also incised would on right frontal region on forehead but the injuries are simple in nature. Considering the aforesaid that on account of land dispute some mutual assault made by the petitioner for which simple injuries were caused to the informant and his sister-in-law Sabita Devi, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with

Patna High Court Cr.Misc. No.48719 of 2016 (2) dt.15-12-2016 3/3 Chanpatiya P.S. Case No. 118 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.Ali/- U T