Durga Prasad @ Durga Mahto @ Durgi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22860 of 2015 Arising Out of PS.Case No. -121 Year- 2012 Thana -GURUA District- GAYA ====================================================== Durga Prasad @ Durga Mahto @ Durgi Mahto, S/O Deo Sharan Mahto, Resident of village- Sarai Tarn, P.S.- Gurua, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Gurua P.S. Case No.121 of 2012 for allegedly having committed the offences under Sections 364, 367, 504/34 of the Indian Penal Code and Section 3(1)(x) of the S.C./S.T. Act. Learned counsel for the petitioner submits that though in the statement made under Section 164 Cr.P.C. the name of this petitioner appears, the victim boy has returned and has, in fact, been working in Kolkata. It is submitted that both petitioners Girija Mahto and Durga Prasad alias Durga Mahto are brothers so far as Cr.Misc. No.20186 of 2015 and 22860 of 2015 respectively are concerned. Said Girija Mahto has been extended the privilege of anticipatory bail today. With regard to the allegation under the provisions of

Patna High Court Cr.Misc. No.22860 of 2015 (2) dt.23-07-2015 2/2 S.C/S.T. Act., learned counsel for the petitioner submits that the reference has been made purely to embellish and make the offence graver and preclude the petitioner from taking advantage of privilege of bail. It is further submitted that neither the occurrence took place in public view nor was it supported by any independent witness and thus the petitioner may be extended the privilege of anticipatory bail.

Considering the aforementioned facts and circumstances and the fact that the victim boy has returned, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rajesh Prasad, learned Judicial Magistrate,1st Class, Sherghati, DistrictGaya, in connection with Gurua P.S. Case No.121 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T