Mahesh Mahto @ Mahesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24598 of 2018 Arising Out of PS.Case No. -387 Year- 2017 Thana -DUMRA District- SITAMARHI ======================================================

1. Mahesh Mahto @ Mahesh Singh, Son of Late Pragas Singh,

2. Kaushalya Devi, Wife of Mahesh Mahto @ Mahesh Singh Both Resident of Village-Rikhauli, P.S. Dumra, District-Sitamarh. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Dumra P.S.Case No.387 of 2017 , registered for offences punishable under Sections 341, 323, 324, 325, 327, 307/34 of the Indian Penal Code.

Allegation against the petitioners as per FIR is that daughter of the petitioner assaulted the daughter of the informant that was informed by the daughter of the informant.

Submission of the learned counsel for the petitioners is that FIR itself shows that no allegation of assault is made against the petitioner and FIR further shows that the informant has falsely implicated him in this case.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the injured has received six injuries and the injuries are grievous and

Patna High Court Cr.Misc. No.24598 of 2018 (3) dt.22-06-2018 2/2 the petitioner was providing protection to her.. Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Dumra P.S.Case no.387 of 2017 dated 15.11.2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T