Ram Narayan Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2482 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -BISHUNPUR District- DARBHANGA ======================================================
1. Ram Narayan Mahto Son of Late Gowardhan Mahto
2. Umesh Mahto Son of Ram Narayan Mahto
3. Ram Sanjivan Mahto Son of Ram Narayan Mahto All are resident of village - Dilahi, P.S. Bishanpur, District - Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suman Kumar Singh For the Opposite Party/s : Mr. Amitesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-01-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Bishanpur P.S. Case no. 74 of 2015, disclosing offences under sections 147, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code.
Petitioner no. 1 of the present case is father of the informant whereas petitioner nos. 2 and 3 are sons of petitioner no. 1 and full brothers of the informant. It seems that family dispute among petitioner no. 1 and his sons is the reason behind institution of the present Bishanpur P.S. Case no. 74 of 2015 and Bishanpur P.S. Case no. 73 of 2015 is instituted on the basis of statement of petitioner no. 1.
Patna High Court Cr.Misc. No.2482 of 2016 (2) dt.19-01-2016 Learned counsel for the petitioners submits that both sides have received injuries in a free fight between the informant and his family members on the one hand and the present petitioners and their family members on the other. Keeping in mind the genesis of the occurrence, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Darbhanga in connection with Bishanpur P.S. Case No. 74 of 2015, G.R. No. 2427 of 2015, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.
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) Amin/- U