Upendra Mahto @ Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10705 of 2021 Arising Out of PS. Case No.-15 Year-2020 Thana- KANHAULI District- Sitamarhi ====================================================== UPENDRA MAHTO @ UPENDRA KUMAR Son of Nand Lal Mahto (Wrongly mentioned in the FIR as Baldeo Mahto) Resident of Village- Marpa Kachor, P.S.- Kanhauli, Distt- Sitamarhi.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prasoon Sinha, Advocate Mr. Prabhat Kumar, Advocate For the Opposite Party/s :
Mr. Kanhaiya Kishore (App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-01-2022 Heard Mr. Prasoon Sinha, learned Advocate for the petitioner and Mr. Kanhaiya Kishore, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Kanhauli P.S. Case No. 15 of 2020 dated 05.02.2020 instituted for the offences under Sections 341, 323, 354, 307, 448 and 506/34 of the Indian Penal Code.
The accusation in the FIR is that when one Indal Mahto had attempted to rape the daughter-in-law of the informant, he made a protest but was later assaulted by the accused persons including the petitioner. The petitioner is said to have given a garasa blow on his head and is also said to have assaulted the
Patna High Court CR. MISC. No.10705 of 2021(3) dt.27-01-2022 2/3 mother of the informant viz. Marachchiya Devi. The learned Counsel for the petitioner has submitted that the accusation is absolutely false. From the statement of the daughter-in-law of the informant, it would appear that there is a long standing enmity between the family of the informant and aforesaid Indal Mahto. The accusation in the FIR that Indal Mahto had attempted to rape the daughter-in-law of the informant has not been borne out by the statement made by the daughter-in-law herself.
Apart from this, it has been submitted that there is a counter version of the occurrence, lodged by the wife of aforesaid Indal Mahto. The petitioner is not at all concerned with Indal Mahto; rather he is one of the agantes of the informant, who is peeved with him because of the petitioner showing sympathies with Indal Mahto.
The petitioner is said to have assaulted the informant and his mother. The injury caused by the petitioner to the informant is simple in nature. The mother of the petitioner has received three injuries, out of which one is reported to be grievous but that is in the nature of swelling on her head.
Considering the afore-noted circumstances of the case, the petitioner is directed to be released on bail,
Patna High Court CR. MISC. No.10705 of 2021(3) dt.27-01-2022 3/3 in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Kanhauli P.S. Case No. 15 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T