Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70177 of 2021 Arising Out of PS. Case No.-485 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Shankar Mahto Son of Late Saryug Mahto Resident of Village - Belauri, P.S. - Lakhisarai, District - Lakhisarai.

2.

Sanjay Kumar Son of Late Parmeshwar Mahto (Husband of Victim deceased), Resident of Village - Surari Imamnagar, P.S. - Halsi, District - Lakhisarai.

3.

Ramshanehi Kumar Son of Chandradeo Mahto, Daughter of Shankar Mahto Resident of Village - Belauri, P.S. - Lakhisarai, District - Lakhisarai. 4.

Pushplata Kumari @ Pushplata Daughter of Shankar Mahto, Resident of Village - Belauri, P.S. Lakhisarai, District - Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sri Sanjay Kumar Singh S/o not known the then officer- in- Charge of Kawaiya, Police Station, District - Lakhisarai. 3.

Ramesh Prasad Singh S/o not known Investigating officer of the case, Police Sub- Inspector, Kawaiya, Police Station, District - Lakhisarai. 4.

Priyanka Kumari Wife of Sonu Kumar @ S. Prasad Resident of Village - Argarha, P.S. and District - Ramgarh, State - Jharkhand, Mob. No. 9931157564- 9091926835.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in

Patna High Court CR. MISC. No.70177 of 2021(2) dt.07-06-2022 2/3 connection with Lakhisarai (Kawaiya) P.S. Case No. 485 of 2021 registered for the offences punishable under Sections 341, 342, 323, 307, 354(B), 379 and 34 of the Indian Penal Code. As per F.I.R., the allegation against the petitioners is that petitioners along with some unknown persons assaulted to the informant and her husband with Rod, Danda and Bricks causing injury on the head of the husband of the informant. Learned counsel for the petitioners submits that petitioner no. 2 (Sanjay Kumar) is husband of victim deceased who died in the nursing home run by the informant and the occurrence took place due to hot talk and both parties have made case and counter case and petitioners have no criminal antecedent and the injury is simple in nature. Learned A.P.P. for the State has opposed the prayer of bail application of the petitioners.

Considering the aforesaid facts and circumstance that there is case and counter case between the parties and petitioners have no criminal antecedent and injury is simple in nature, let the petitioners above named, in the event of their arrest/surrender within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be released on bail bond of Rs. 10,000/- (Ten Thousand) each with

Patna High Court CR. MISC. No.70177 of 2021(2) dt.07-06-2022 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kawaiya) P.S. Case No. 485 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) ved/- U T