Raja Ram Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29358 of 2018 Arising Out of PS.Case No. -114 Year- 2017 Thana -KHODABANDPUR District- BEGUSARAI ====================================================== Raja Ram Mahto, S/o Late Nunu Mahto, R/o Vill.- Tara, P.S.- Khodawandpur, District- Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate For the Opposite Party/s: Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khodawandpur P.S. Case No. 114 of 2017, instituted for the offence under Sections 302, 120(B) and 201/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that informant has merely raised suspicion against the petitioner. It is alleged in the written report that the son of the informant had gone out from the house and when he did not return till morning then the informant started searching his son. The informant got information that dead body is lying in Police Station. The informant reached there and identified the dead body of his son. As per written report itself the dead body of son of the
Patna High Court Cr.Misc. No.29358 of 2018 (4) dt.28-06-2018 2/3 informant was lying at the Police Station. The informant got information by his friend that his son was having love affairs with the daughter of this petitioner. The informant became confident that petitioner and son of the petitioner, namely, Rakesh Kumar Mahto along with some unknown persons have killed his son under conspiracy.
The learned Sessions Judge has mentioned in the impugned order that witnesses have merely raised suspicion against the petitioner.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Khodawandpur P.S. Case No. 114 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Manjhaul, (Begusarai), subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two
Patna High Court Cr.Misc. No.29358 of 2018 (4) dt.28-06-2018 3/3 consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- Rohit Kr.
U T