Ramashankar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47639 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Ramashankar Mahto, S/O Late Paras Mahto, R/O Village- Awari, P.SMarhowrah, Distt.- Saran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ankur Prakash Sinha, Advocate For the Opposite Party/s :
Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-08-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Madhoura P.S. Case No. 83 of 2023 dated 20.02.2023 registered for the offences punishable under Section(s) 341, 323, 307, 354, 504, 379/34 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioner are that the instant case was lodged after the institution of the FIR by Dharmsheela Devi, wife of the petitioner, in between both the parties a land dispute is running, owing to which the FIR of the instant matter was lodged three days after the commission of the alleged occurrence and the said delay has not been explained and there is simple allegation of assaulting the informant and her husband and outraging the
Patna High Court CR. MISC. No.47639 of 2023(2) dt.01-08-2023 2/2 modesty of the informant but the said allegation is completely vague. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 05.04.2023 and against him, the investigation has been completed.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly taking into account petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Madhoura P.S. Case No. 83 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Rajiv/- U T