Bashishth Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56915 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

BASHISHTH MAHTO Son of Late Firangi Mahto Resident of Village - Brindavan Mouje, P.S.- Uchakagaon, District - Gopalganj. 2.

Tetari Devi Wife of Bashishth Mahto Resident of Village - Brindavan Mouje, P.S.- Uchakagaon, District - Gopalganj. 3.

Aarati Devi Wife of Binod Mahto Daughter of Bashishth Mahto, Resident of Village - Brindavan Mouje, P.S.- Uchakagaon, District - Gopalganj. 4.

Raj Kumar Son of Bashishth Mahto Resident of Village - Brindavan Mouje, P.S.- Uchakagaon, District - Gopalganj.

5.

Shubhawati Kumari @ Shubhawati Devi Daughter of Bashishth Mahto Resident of Village - Brindavan Mouje, P.S.- Uchakagaon, District - Gopalganj.

6.

Binod Mahto Son of Late Ram Milan Mahto Resident of Village - Brindavan Mouje, P.S.- Uchakagaon, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Uchkagaon P.S. Case No. 144 of 2019, disclosing the offence under Sections 341, 323, 376, 420, 406, 447, 504, 506/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners appears to be right in his contention that there is allegation against co-accused Chhathu Mahto of having physically exploited the informant under an assurance of

Patna High Court CR. MISC. No.56915 of 2019(2) dt.09-09-2019 2/2 marrying her, which he subsequently denied. The petitioners are father, mother, sisters, brother and first cousin of said Chhathu Mahto. It has been argued that the petitioners have been implicated only because they are related to Chhathu Mahto with whom informant had some dispute.

Considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM-IX, Gopalganj in Uchkagaon P.S. Case No. 144 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T