Patna High CourtCR. MISC./20930/2017bail granted

Kamal Mahto @ Kamal Mahato @ Kamla And ANR v. The State Of Bihar

2017-07-12Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20930 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================

1. Kamal Mahto @ Kamal Mahato @ Kamla S/o Sukhdeo Mahto

2. Santosh Mahto @ Santosh Mahato S/o Pashuram Mahto Both Resident of Village- Bahadurpur, Kacha, P.S.- Ghatho, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Vidyapatinagar (Ghatho) P.S. Case No. 63 of 2016 registered for offences under sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

As per prosecution, an allegation has been made that after some dispute, the accused persons, namely, Kamal Mahto and Santosh Mahto assaulted the victim girl and also abused her. This Court finds that neither there is any specific allegation against the petitioners nor the First Information Report discloses the nature of weapon which has been used against the

Patna High Court Cr.Misc. No.20930 of 2017 (3) dt.12-07-2017 victim except a statement of assault and abuse against the petitioners.

Looking to the entire facts and circumstances of the case, let the petitioners, namely, Kamal Mahto @ Kamal Mahato @ Kamla and Santosh Mahto & Santosh Mahato, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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 Shri Y.K. Singh, learned Judicial Magistrate, 1st Class, Dalsignsarai, Samastipur in connection with Vitayapatinagar (Ghatho) P.S. Case No. 63 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shivaji Pandey, J) Rishi/- U T