Manjhi Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46839 of 2015 Arising Out of PS.Case No. -144 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Manjhi Mahto Son of Late Chhabbu Mahto

2. Ashok Mahto @ Ashok Kumar Son of Manjhi Mahto Both R/o Village Bakarchak, P.S. Suryagarha, District Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. L.K. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners pray for anticipatory bail in a case under Sections 366A, 323, 448 and 504 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that two days prior to the lodging of the complaint case dated 9.6.2015 before the Chief Judicial Magistrate, Lakhisarai, the petitioners filed Surajgraha (Manikpur) P.S. Case No. 105/2015 dated 7.6.2015 under Section 366/34 of the Indian Penal Code against the informant party and particularly with the allegation that he had kidnapped the wife of the petitioner no. 2 when she had gone out during the night to attend the call of nature. As a counter blast to the same, in order to protect Diwakar

Patna High Court Cr.Misc. No.46839 of 2015 (2) dt.10-11-2015 2/2 Mahto, the present complaint case, which was later on converted into police case, has been filed. It is further submitted that said Diwakar Mahto was arrested in the case filed by the petitioners on 30.7.2015 but subsequently released on bail by the Sessions Judge, Lakhisarai on 11.8.2015.

On a consideration of the facts and circumstances of the case, it is directed that the petitioners (1) Manjhi Mahto and (2) Ashok Mahto @ Ashok Kumar, in the event of their arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Suryagarha (Manikpur) P.S. Case No. 144 of 2015 to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, subject to the other conditions as laid down under Section 438(2) Cr.P.C.

(Ramesh Kumar Datta, J) S.Pandey/- U T