Harilal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58122 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- PUNAURA District- Sitamarhi ====================================================== 1.

HARILAL MAHTO Late Ram Dev Mahto R/O Village- Rampur Parori, P.SPunaura, Distt.- Sitamarhi. 2.

Sanjit Kumar @ Sanjit Mahto S/O Harilal Mahto R/O Village- Rampur Parori, P.S- Punaura, Distt.- Sitamarhi.

3.

Rajmanti Devi W/O Harilal Mahto R/O Village- Rampur Parori, P.SPunaura, Distt.- Sitamarhi. 4.

Sapna Devi W/O Sanjit Kumar R/O Village- Rampur Parori, P.S- Punaura, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 354(B), 504, 506/34 of the Indian Penal Code.

3. As per F.I.R., the prosecution case, in brief, is that on the alleged date and time of occurrence, at 09.03.2024 at 8:30 A.M., petitioners and other co-accused persons are alleged to have come at the door of the informant and co-accused Arun Mahto abused her in filthy language and dragged her on ground after catching hold of her hairs. Thereafter, other co-accused persons started assaulting her by means of lathi and danda. Co-

Patna High Court CR. MISC. No.58122 of 2024(2) dt.18-09-2024 2/3 accused Arun Mahto gave dabliya blow on the head of the husband of the informant and snatched gold earring of the informant.

4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in this case. There is general allegation of assault against these petitioners. There is case and counter case between the parties. The specific allegation of assault is upon co-accused Arun Mahto. The petitioners and the informant are next door neighbours. Petitioners bears fair antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, and also there is no allegation of assault against these petitioners, the prayer for grant of anticipatory bail to the petitioners are allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned Chief Judicial

Patna High Court CR. MISC. No.58122 of 2024(2) dt.18-09-2024 3/3 Magistrate, Sitamarhi in connection with Punaura P.S. Case No. 68 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ranjeet/- U T