Rampravesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48855 of 2022 Arising Out of PS. Case No.-494 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Rampravesh Mahto Son Of Raghunandan Mahto Resident Of Village - Pokharpur, P.S.- Bhadaur, District - Patna, At Present Residing At Village - Narayanpur, P.S.- Ghoswari, District - Patna 2.

Dahani Devi Wife Of Rampravesh Mahto Resident Of Village - Pokharpur, P.S.- Bhadaur, District - Patna, At Present Residing At Village - Narayanpur, P.S.- Ghoswari, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ritlal Mahto Son of Brahamdeo Mahto Resident of Village - Narayanpur, P.S.- Ghoswari, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Anil Prasad Singh Mr. Suraj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the parties.

Learned counsel for the petitioners undertakes to remove the defects within three weeks.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 328, 120B of the Indian Penal Code.

Allegation against the petitioners is that on the instigation of the parents, the petitioners sprinkle pesticide in food of the complainant and his family to kill them. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that from perusal of complaint, SA and deposition of inquiry witnesses, it is crystal clear that the parties

Patna High Court CR. MISC. No.48855 of 2022(2) dt.08-12-2022 2/2 are close family members and complainant did not provide proper care to his parents and when the daughter and son-in-law intervened, thereafter a false and concocted case has been filed by a son against his old parents. He submits that it is purely a civil dispute in between the father and sons. He submits that there is no specific overt act against the petitioners. He further submits that petitioners has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 494C of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T