Biji Mahto @ Bijli Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68070 of 2018 Arising Out of PS. Case No.-99 Year-2017 Thana- SIMRI District- Darbhanga ====================================================== Biji Mahto @ Bijli Mahto, Son of Basudeo Mahto, Resident of VillageMadhopur, P.S.- Simri Distt- Darbhanga. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Soban Asghar For the Opposite Party/s :
Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 06.08.2018 in a case registered for the offences punishable under Sections 341, 342, 323, 307, 354, 448, 449, 436, 427, 302, 379, 504 and 34of the Indian Penal Code. The prosecution case as per the written report of Rubi Kumari submitted to SHO, Simri Police Station is to the effect that the cousin brother (petitioner) of the informant blocked the way of the informant for his house against which the mother of the informant submitted an application at Simri P.S., which was forwarded to the S.D.O., and thereafter the proceeding was initiated. Consequently, the accused persons used to assault and abuse the informant. On 10.07.2017, the
Patna High Court Cr.Misc. No.68070 of 2018(6) dt.23-01-2019 2/3 measurement of the land was conducted by the Anchal Amin, but the petitioner did not agree with the measurement and the petitioner also encroached the land of the informant and on 21.08.2017, when the mother of the informant asked the petitioner to vacate the land, then five accused persons including the petitioner assaulted and abused the mother of the informant but due to intervention of the nearby people, the matter was pacified. Thereafter, at 12.30 A.M., in the midnight when the informant and her mother were sleeping, the petitioner along with other accused persons came and damaged their household articles and took away gold jewellery and Rs. 2 lacs. It is further alleged that mother of the informant was put on fire by the petitioner and other co-accused persons, as a result she sustained burn injuries.
It is submitted by learned counsel for the petitioner that the accusation has been levelled in the background of land dispute. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that the informant's mother received accidental burn injuries.
Learned APP after going through the case diary submits that the fardbeyan of the victim, Tetri Devi as well as
Patna High Court Cr.Misc. No.68070 of 2018(6) dt.23-01-2019 3/3 the informant was recorded in which it was specifically alleged that the petitioner set the victim on fire in retaliation to the dispute regarding encroachment.
Considering the nature of accusation, this Court is not inclined to grant bail to the petitioner, in connection with Simri P.S. Case No. 99 of 2017 pending in the Court of learned CJM, Darbhanga.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T