Pawan Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59882 of 2017 Arising Out of PS. Case No.-7 Year-2017 Thana- KARENDE District- Sheikhpura ======================================================

1. Pawan Mahto

2. Pravesh Kumar alias Pravesh Mahto ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. SRI NAND KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 447,341,323,325,307,379,504 and 506/34 of the IPC. The prosecution case is that the informant was sitting at his house with his son Birendra Kumar and daughter Binita Kumari when the accused persons including the petitioners came variously armed and assaulted the son and daughter of the informant. The reason for assaulting was that the informant's daugther uprooted Masoor crop from the field of accused Saroj Mahto. It is further alleged that the wife of co accused Saroj Mahto took Rupees Twelve Thousand from the bag of the informant. It is submitted by learned counsel for the petitioners that for petty dispute the accusation has been levelled. Statement has been

Patna High Court Cr.Misc. No.59882 of 2017(2) dt.12-12-2017 2/2 made in paragraph 3 of the petition that the petitioners have no criminal antecedent. It is further submitted that the injuries of Narayan Mahto and Binita Kumari have been found to be simple in nature. However, due to assault Birendra Kumar's ulna got fractured. It is further submitted that the accusation of assault is omnibus and general and co accused Saroj Mahto against whom the accusation is specific, has been granted bail by a bench of this court vide Cr. Misc. No. 27715 of 2017.

Considering the fact that the accusation is omnibus and general, Statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent and co accused Saroj Mahto having been granted bail, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks 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 ACJM II, Sheikhpura in connection with Karande P.S. Case No. of 7 of 2017.

(Dinesh Kumar Singh, J) anil/- U