Mohan Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75928 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- MAHILA P.S District- West Champaran ======================================================

1. Mohan Mahto, S/o Ram Surat Mahto,

2. Pooja Devi @ Pujan Devi, W/o Mohan Mahto, Both R/o Banwa Tola Chorhiya @ Lohiyriya, P.S. Chanpatiya Dist.- W. Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-01-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mahila Police Station Case No. 08 of 2018, disclosing offences under Sections 341, 342 and 376 of the Indian Penal Code.

The petitioners are father and mother of one Sunil Mahto. On perusal of the First Information Report, it is evincible noticeable that there is allegation against Sunil Mahto of establishing physical relationship with the informant on false assurance of marriage.

Learned Counsel for the petitioners has submitted that the informant is in the habit of lodging false criminal cases and

Patna High Court Cr.Misc. No.75928 of 2018(3) dt.09-01-2019 2/2 has drawn my attention to another First Information Report and one complaint petition, got registered at her instance. Considering the fact that there is no specific allegation against these petitioners, this application is allowed. Let the petitioners, Mohan Mahto and Pooja Devi @ Pujan Devi, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Mahila Police Station Case No. 08 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U √ T √