Ranjeet Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53738 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- NIMACHANDPURA District- Begusarai ====================================================== 1.
Ranjeet Mahto S/o Subal Mahto R/o vill - Nima Chandpura, P.S. - Nima Chandpura, Distt. - Begusarai 2.
Mithun Kumar S/o Subal Mahto R/o vill - Nima Chandpura, P.S. - Nima Chandpura, Distt. - Begusarai 3.
Chhotu Kumar S/o Subal Mahto R/o vill - Nima Chandpura, P.S. - Nima Chandpura, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mirityunjay Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh For the Informant :
Mr. Rahul Singh Mr. Roop Kishan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2024
1. Heard learned counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323, 325, 341, 307, 504, 506, 34 and 302 of the Indian Penal Code.
3. The learned counsel for the petitioners submit that petitioners have antecedent of one case and the informant alleges that on 25.03.2024 at about 9 pm, when accused persons including the petitioners came to her house and Subal Mahto,
Patna High Court CR. MISC. No.53738 of 2024(3) dt.23-09-2024 2/3 who was carrying an iron rod abused her husband, saying that he had to go to jail in a liquor case because of him, on which Bhola said to kill him, on which Subal assaulted her husband on head by an iron rod, causing injury, further she and her brotherin-law Kajal came to save him, when Mithun assaulted her husband by lathi with an intention to damage his eyes, while Bhola assaulted him by Tangari, causing injury on head, thereafter, Ranjeet assaulted him by Katta (used for cutting meat), causing injury on head, thereafter, Chhotu assaulted her by knife on her head, causing injury and Subal also assaulted Kajal by lathi, causing injury on head and Chhotu took away a box.
4. The learned counsel for the petitioners submit that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that on account of dispute relating to liquor, an altercation have taken place, in which both sides assaulted each other. It is next submitted that no doubt, husband of the informant died, but then specific allegation of assaulting the husband of the informant is against Subal, Mithun, Bhola and Ranjeet. But, then, fairly submits that allegation of assaulting her husband is against Mithun, Ranjeet, Bhola
Patna High Court CR. MISC. No.53738 of 2024(3) dt.23-09-2024 3/3 Subal and Chhotu.
5. The learned APP for the State and the learned counsel appearing on behalf of the informant opposes the anticipatory bail application and submits that the husband of the informant during the course of treatment died and there is specific allegation against Mithun, Ranjeet, Bhola and Subal of assaulting the deceased as recorded hereinabove and Chhotu is alleged to have assaulted the informant, who is lady by knife on head, causing injury.
6. It is next submitted that investigation of the case in its initial stages and if the privilege of anticipatory bail is granted to the petitioners, they may abscond.
7. Considering the submissions made by the learned counsel for the informant, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.
8. The application stands rejected.
(Satyavrat Verma, J) Sudhanshu/- U T