Radhey Shyam Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3898 of 2015 Arising Out of PS.Case No. -2081 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Radhey Shyam Mahto

2. Vinay Mahto Both sons of Dasai Mahto.

3. Bullet Mahto son of Vinay Mahto All resident of village- Bathuwa, P.S. Manjhagarh, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Buchu Mahto s/o late Ram Avtar Mahto, Resident of village- Bathuwa, P.S. Manjhagarh, DistrictGopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2015 The petitioners are apprehending their arrest in connection with Complaint Case No. 2081 of 2013/Trial No. 2896 of 2014 for the offences under Sections 406, 323, 504 and 34 of the Indian Penal Code.

When the case was called out no one has appeared on behalf of opposite party no.2.

Heard learned counsel for the petitioners and the State. The complainant has alleged that on 02.02.2011 accused Radhe Shyam Mahto came at his door and told him that he is in necessity of Rs. 50,000/- for construction of his house and accordingly he gave the same upon his assurance that he would return the money as he is his uncle but he did not return

Patna High Court Cr.Misc. No.3898 of 2015 (4) dt.21-05-2015 2/2 the money and when Panchayati was arranged on 4.8.2013 then the accused persons assaulted him by fists and slaps and did not return the money.

It has been submitted on behalf of the petitioners that the petitioners have clean antecedent and they have been made accused due to previous enmity. It has been further submitted that the petitioners are ready to deposit an amount of Rs. 10,000/- in the court below, which shall be subject to final disposal of the case.

On behalf of the State it has been submitted that the petitioners are named in the complaint petition. Considering the fact that the petitioners are ready to deposit an amount of Rs. 10,000/- in the court below , which shall be subject to final disposal of the case, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of eight weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Sushant Ranjan, Judicial Magistrate, 1st Class, Gopalganj in connection with Complaint Case No. 2081 of 2013/Trial no. 2896 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T