Sikandar Mahto @ Sikendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24135 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -BARARI District- KATIHAR ====================================================== Sikandar Mahto @ Sikendra Mahto Son of Late Tanuki Mahto, Resident of Village- Kalli Bhatha, Thuthi Balua, P.S.- Barari, District- Katihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Adv. Mr. Birendra Kumar, Adv.
Ms. Maruti Kumari, Adv.
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-08-2017 Learned counsel for the petitioner prays for and is allowed to make necessary correction in the present application. Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is apprehending his arrest in connection with Barari P.S. Case No. 144 of 2016 registered for offences under sections 302, 201, 379, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation, the wife of the victim has stated that on 15.5.2016 at 3 PM, she was in the house along with her husband when Ashok Choudhary, Mangan Choudhary and one unknown person came there and told her husband, namely, Raj
Patna High Court Cr.Misc. No.24135 of 2017 (3) dt.28-08-2017 Kumar Mahto @ Rajla Bind to go with them for Korha and Mangan Choudhary told that till evening, he will returned. She raised objection of not going with them at this hour but, her husband assured to return back. At 9 PM, Mangan Choudhary returned to her house and told that her husband is coming and requested for preparation of food for four persons. After sometime, her Fufa Rajendra Mahto came and gave information that her husband has been killed. She started to search her husband but, she could not find the dead body. Ultimately, the dead body was recovered from the banana orchard.
Learned counsel for the petitioner has submitted that no one has taken the name of the present petitioner to be involved in the entire episode.
Looking to the entire facts and circumstances of the case as also perusing the entire case diary, let the petitioner, namely, Sikandar Mahto @ Sikendra Mahto, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Katihar in connection with Barari P.S. Case No. 144 of 2016, subject to the conditions as laid down under Section 438(2) of the
Patna High Court Cr.Misc. No.24135 of 2017 (3) dt.28-08-2017 Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been cancelled. (Shivaji Pandey, J) Rishi/- U T