Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63919 of 2021 Arising Out of PS. Case No.-259 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Umesh Mahto Son of Late Vishwanath Mahto Resident of Village - Shahbazpur, Sirsia, P.S. - Kanti, District - Muzaffarpur. 2.

Sima Devi Wife of Umesh Mahto Resident of Village - Shahbazpur, Sirsia, P.S. - Kanti, District - Muzaffarpur.

3.

Sanjay Mahto Son of Late Vishwanath Mahto Resident of Village - Shahbazpur, Sirsia, P.S. - Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Kanti P.S. Case No. 259 of 2021, registered for the offences punishable under Sections 354A, 354B and other allied sections of the Indian Penal Code.

Prosecution case in brief is that all the accused persons including petitioners armed with lathi, danda, Hasua came and started abusing and assaulting the informant and her father causing injury in the hand of informant's father. The accused persons threatened the informant and torn her clothes. It is submitted that petitioners have been falsely

Patna High Court CR. MISC. No.63919 of 2021(3) dt.05-07-2022 2/2 implicated in this case. Entire allegation is false and baseless. In fact, there was love affair between the informant and coaccused Kundan Kumar. Petitioner no. 1 is father, petitioner no. 2 is mother and petitioner no. 3 is uncle of co-accused Kundan Kumar and as they are relative of co-accused Kundan Kumar they have been falsely implicated in this case. Specific accusation of misbehaviour or teasing the daughter of the informant is against co-accused Kundan son of petitioner nos. 1 and 2. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 the learned Additional Chief Judicial Magistrate 2nd West, Muzaffarpur in connection with Kanti P.S. Case No. 259 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T