Ram Babu Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46815 of 2014 Arising Out of PS.Case No. -132 Year- 2014 Thana -MAJHAHGARH District- GOPALGANJ ======================================================
1. Ram Babu Prasad son of Sunil Mahto resident of village - Raghunandan Singh at present village - Phulwaria, P.S. Manjhagarh, District - Gopalganj
2. Lalan Mahto @ Lalan Prasad son of Nakchhed Mahto
3. Raghunath Mahto son of Late Mangal Mahto
4. Anil Mahto @ Anil Kumar @ Anil Kumar Prasad son of Lalan Mahto
5. Suga Devi wife of Lalan Mahto Petitioner No. 2 to 5 are resident of village - Phulwaria, P.S. Manjhagarh, District - Gopalganj .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Naresh Prasad For the Opposite Party : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-04-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307, 323, 324, 341, 379, 406, 420, 504, 34 of the Indian Penal Code.
It is alleged that petitioner No. 2 got the signature of the daughter-in-law of the informant on a paper on the pretext of getting loan of Rs. 10,000/- but he gave only Rs. 2500/- and asked that subsidy amount would come into the account. It is further alleged that when the daughter-in-law went to withdraw the amount then she was not allowed to operate the account and when the informant went to enquire
Patna High Court Cr.Misc. No.46815 of 2014 (2) dt.24-04-2015 2/2 Lalan Mahto in this regard, then the accused persons including the petitioners variously armed came when petitioner No. 1 assaulted the son of the informant with farsa on his head. The informant was pushed down on the earth by petitioner No. 5 and thereafter the informant was assaulted by petitioners Nos. 2, 3 and 4.
It is submitted by learned counsel for the petitioners that injuries have been found to be simple. There is counter version of the occurrence also and petitioners' side have also received injuries. It is further submitted that petitioner No. 2 has filed Eviction Suit No. 342 of 2012 at earlier point of time against informant's side. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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 Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 132 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T