Biltu Mahto And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.55173 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55173 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Biltu Mahto, S/o Late Baldeo Mahto,

2. Urmila Devi W/o Biltu Mahto, Both are R/o Vill.- Basuki Bihari North, P.S.- Madhwapur, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jhulo Devi W/o Ram Kishun Mahto, R/o Vill.- Basuki Bihari North, Ward No. 6, P.S.- Madhwapur, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 341, 354, 389 and 504 IPC registered in connection with C.R. Case No. 20 of 2018.

3. It is submitted that the petitioner have been falsely implicated in a Complaint Case as evident from the fact that cognizance has been taken only under Sections 323, 341, 354, 389 and 504 of the Indian Penal Code. The alleged occurrence is said to have taken place from 10.05.2017 to 13.01.2018 for which a complaint case has been filed on 15.01.2018. The petitioner no. 1 is aged 85 years and the petitioner no. 2 is aged 63 years and both claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners arrest or

Patna High Court Cr.Misc. No.55173 of 2018 (2) dt.06-10-2018 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M., Benipatti, Madhubani, in connection with C.R. Case No. 20/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioners shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T