Jaggarnath Mahto @ Jaganath Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48980 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- TARIYANI CHOWK District- Sheohar ======================================================
1. Jaggarnath Mahto @ Jaganath Mahto son of Tapeshwar Mahto
2. Rohit Kumar son of Raju Mahto
3. Raju Mahto, son of Ram Swaroop Mahto
4. Bishwanath Mahto son of Tapeshwar Mahto
5. Chunnu Mahto son of Jagarnath Mahto @ Jaganath Mahto
6. Sanjay Mahto son of Shukhal Mahto
7. Ramsagar Mahto son of Raj Kishore Mahto
8. Pintu Kumar son of Dashrath Mahto
9. Jaleshwar Mahto son of Dashrath Mahto
10. Dharmendra Mahto @ Dharmendra Kumar, son of Ram Ekbal Mahto All resident of Village- Narbara, P.S.- Tariyani, DistrictSheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend arrest in Tariyani P.S. Case No. 85 of 2018 instituted for the offence under Sections 147,149,323,341,354A,354B,436,504 of the Indian Penal Code. Learned counsel for the petitioners seeks permission to withdraw the petition on behalf of petitioner no. 9, as he has already been arrested.
Accordingly, the anticipatory bail petition dismissed
Patna High Court Cr.Misc. No.48980 of 2018(3) dt.24-08-2018 2/3 as withdrawn on behalf of petitioner no. 9.
Learned counsel for the petitioners submits that petitioners have no criminal antecedent.
In the written report there is general and omnibus allegation against these petitioners that they assaulted her husband and also tried to outrage her modesty and set her house on fire and caused injuries.
In such circumstances, prayer for anticipatory bail is allowed except petitioner no. 9 and it is ordered that the petitioner no. 1 to 8 and 10, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Tariyani P.S. Case No. 85 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Sheohar, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions
(1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will
Patna High Court Cr.Misc. No.48980 of 2018(3) dt.24-08-2018 3/3 automatically cancel bail bonds of the petitioners and (3) if the petitioners 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 petitioners.
(Sanjay Priya, J) khushbu/- U T