Rameshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51688 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- TERHAGACHH District- Kishanganj ====================================================== 1.

RAMESHWAR MAHTO Son of Late Dasai Mahto 2.

Shiv Kumar Mahto Son of Rameshwar Mahto 3.

Sita Devi Wife of Rameshwar Mahto 4.

Pushpa Devi Wife of Shiv Kumar Mahto 5.

Sanjha Devi Wife of Shankar Mahto All Resident of Village-Balua Jagir, P.S.-Terhagachh, District-Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bibhuti Narayan For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2019 The petitioners apprehend their arrest in connection with Terhagachh P. S. Case No. 73 of 2019 registered under Sections 307, 323, 325, 341 and 504/34 of the Indian Penal Code. Allegation against the petitioners is that petitioners were erecting pillar without any measurement, which was objected by the informant and his family members, upon which petitioners along with others assaulted the informant and his other family members with lathi, danda etc.

Learned counsel appearing on behalf of the petitioners submits that both petitioners and side of the prosecution are agnate and there was dispute relating to erection of pillar on the

Patna High Court CR. MISC. No.51688 of 2019(2) dt.19-08-2019 2/2 land between them. Learned counsel further submits that injury caused to the persons are simple in nature including the informant.

After having heard learned counsel for the parties and taking into consideration the fact that both parties are related and there is land dispute between them relating to erection of pillar and further injuries caused to informant and others are simple in nature, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Kishanganj in connection with Terhagachh P.S.Case No. 73 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T