Ramdhani Mahto @ Ramdhani Kumar Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25329 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================

1. Ramdhani Mahto @ Ram Dhani Kumar Mahto, Son of Baleshwar Mahto.

2. Tuntun Mahto, Son of Late Lachhman Mahto.

3. Raju Mahto @ Raju Kumar Mahto

4. Shrawan Mahto @ Shrawan Kumar Mahto, Both sons of Tuntun Mahto.

5. Rekha Devi, Wife of Baleshwar Mahto.

6. Radha Devi, Wife of Tuntun Mahto.

7. Rinki Kumari, daughter of Baleshwar Mahto, All are resident of Village Maw Dhaneshpur (South) P.S. Vidyapatinagar, District- Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Kunwar Narayan Jamuar, Advocate. For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2017 Heard Sri Kunwar Narayan Jamuar, learned counsel for the petitioners, and Sri Arun Kumar, learned A.P.P. for the State.

The petitioners are seeking anticipatory bail in Vidyapatinagar P.S. Case No. 9/2017 registered under Sections 341, 323, 324, 307, 379, 506 read with Section 34 of the Indian Penal Code.

Learned counsel for the petitioners would submit that a bare perusal of the First Information Report would show that except petitioners no. 1 and 2, the allegations against all other petitioners seem to have been concocted as there is no specific

Patna High Court Cr.Misc. No.25329 of 2017 (2) dt.12-06-2017 2/2 allegations against them of assault or causing any injury. Learned A.P.P. opposed the prayer for anticipatory bail.

In the facts and circumstances of the case stated herein-above, let petitioners no. 3 to 7, namely, Raju Mahto @ Raju Kumar Mahto, Shrawan Mahto @ Shrawan Kumar Mahto, Rekha Devi, Radha Devi and Rinki Kumari, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged 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 the learned A.C.J.M. III, Dalsinghsarai, Samastipur in Vidyapatinagar P.S. Case No. 9/2017, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

The prayer for anticipatory bail with respect to petitioners no. 1 and 2 is rejected. However, if they surrender within a period of four weeks from today in the court below and pray for regular bail, the same shall be considered on its own merit.

(Rajeev Ranjan Prasad, J) Dilip, AR U T