← Library
Patna High CourtCR. MISC./42082/2018bail granted

Bhagwan Das Manto And ORS v. The State Of Bihar

2018-07-20Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42082 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- KORMA District- Sheikhpura ======================================================

1. Bhagwan Das Manto son of Girbal Mahto,

2. Parmanand Mahto son of Rambaran Mahto.

3. Madan Mahto, son of Ram Baran Mahto.

4. Satish Mahto, son of Late Ramanand Mahto, All Resident of Village- Belauni, P.S. Korma, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-07-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Korma P.S. Case No. 06 of 2018 dated 10.02.2018 instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 332, 333, 337, 338, 307, 427 and 504 of the Indian Penal Code. The daughter of petitioner no. 3 had earlier eloped with one Ravi Ram for which a case was lodged by petitioner no. 3. However on the recovery of the daughter of the petitioner no. 3, she expressed her desire to go and reside with aforesaid Ravi Ram as she had married him of her own volition. The daughter of petitioner no. 3 was directed to be handed over to the

Patna High Court Cr.Misc. No.42082 of 2018(2) dt.20-07-2018 2/3 custody of aforesaid Ravi Ram by an order of the court. The petitioner no. 3 and others are then said to have created ruckus at the houses of the father and uncle of aforesaid Ravi Ram. When the police tried to pacify the enraged crowd, the petitioners and about 16 others manhandled the police personnel as well. Mr. Ram Sumiran Rai, learned counsel for the petitioner however has submitted that a false case has been instituted to silence the petitioners from making any complaint whatsoever with respect to the action of the family members of the Ravi Ram and others. Nothing specific has been alleged in the present FIR which has been lodged against the petitioners by a police officer.

In the two cases which have been lodged against the petitioners by the father and uncle of aforesaid Ravi Ram, the petitioners have been granted anticipatory bail. Regard being had to the special circumstances of the case as also the general and omnibus nature of allegation, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs.

Patna High Court Cr.Misc. No.42082 of 2018(2) dt.20-07-2018 3/3 Judicial Magistrate 1st Class, Sheikhpura in connection with Korma P.S. Case No. 06 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T