Uday Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55711 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== UDAY MAHTO Son of Sitaram Mahto Resident of Village-Bari Gulni, P.S.- Dhamoul, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2019 Heard both sides.

The petitioner apprehends his arrest in Pakribarawan P.S. Case No.152 of 2019 registered under Sections 341, 323, 354, 504 and 506 of the Indian Penal Code.

The informant alleged that on 11.05.2019, his wife was working in the field. Uday Mahto came and abused his wife. The wife of the informant asked the reason of abusing but Uday Mahto assaulted her and pulled her sari. She became semi naked. When the informant went to save, Uday Mahto assaulted the informant.

The learned counsel for the petitioner submits that petitioner is own brother of the informant. The occurrence is said to have taken place on 11.05.2019 but the F.I.R. was lodged on 13.05.2019. From perusal of the contents of the F.I.R., it

Patna High Court CR. MISC. No.55711 of 2019(2) dt.04-09-2019 2/2 would appear that informant inserted one line on being instructed that again the petitioner on 13.05.2019 began to abuse the informant.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that informant and petitioner both are own brothers and they are sons of Late Sitaram Mahto, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Nawada in connection with Pakribarawan P.S. Case No.152 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T