Mantu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16316 of 2017 Arising Out of PS.Case No. -6 Year- 2014 Thana -BARAHIYA District- LAKHISARAI ====================================================== Mantu Mahto S/o Siya Mahto, Resident of Village- Jaitpur, P.O. Jaitpur, P.S. Barahiya, District Lakhisarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2017 Heard both sides.
The petitioner apprehends his arrest in Barahiya P.S. Case No. 06/2014, registered for the offences punishable under Section 304 and other sections of the Indian Penal Code. The informant alleged that his brother Dinkar Kumar Singh had gone to the field to collect fodder, but he did not return. During the course of search, the informant found his brother lying dead in the field of Sita Ram Singh. 'Matar' crop was standing in the field. There was naked iron wire by the side of the dead-body of his brother.
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. During the course of investigation, some witnesses disclosed that petitioner had taken
Patna High Court Cr.Misc. No.16316 of 2017 (3) dt.04-07-2017 2/2 the land on 'Patta'. There is no question of irrigating the field as 'Matar' crop was standing in the field.
Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that it appears a case of sheer accident, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Barahiya P.S. Case No. 06/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T