Amirka Mahto @ Amirak Mahto @ Amirika Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4838 of 2018 Arising Out of PS.Case No. -97 Year- 2017 Thana -KOTWA District- EAST CHAMPARAN (MOTIHARI) ====================================================== AMIRKA MAHTO @ AMIRAK MAHTO @ AMIRIKA MAHTO, S/o Manager Mahto, Resident of Konhwa, P.S. Kotwa, Dist.- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dhannjay Kumar No. 2, Advocate. For the Opposite Party/s : Mr. Ajay Kumar - 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking regular bail in Kotwa P.S. Case No. 97 of 2017 registered for the offence under Sections 147, 148, 149, 447, 504, 307, 323, 354, 427 and 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that even though the petitioner is named in the F.I.R. but there is no allegation of giving any fatal blow against this petitioner. The allegation is that he had caught-hold of the wife of this informant along with another accused Bhukhal Mahto and was pulling her down because of which the clothes of the wife of the informant were torn and she had to face indecent view. Learned counsel for

Patna High Court Cr.Misc. No.4838 of 2018 (2) dt.02-02-2018 2/2 the petitioner submits that from the F.I.R. itself it will appear that the parties are having some land dispute, they are neighbours and the dispute arose between the parties when a wall of the house of the informant fell down. He submits that it is a case of false implication. This petitioner has got no criminal antecedent. Learned counsel for the State is present and has opposed the application for bail.

Considering the facts and circumstances, let the petitioner, named above, be enlarged on bail on his furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Chamapran in connection with Kotwa P.S. Case No. 97 of 2017, subject to the conditions as laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Dilip, AR U T