Kamaldeo Mahto @ Kamal Deo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68842 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.

KAMALDEO MAHTO @ KAMAL DEO KUMAR Son of Jivachh Mahto Resident of Village- Dhepura, P.S.- Jhanjharpur, District- Madhubani. 2.

Jibachh Mahto Son of Tirpit Mahto Resident of Village- Dhepura, P.S.- Jhanjharpur, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2022 Vide order dated 02.06.2022, the bail petition of petitioner no.2, namely, Jibachh Mahto has already been dismissed as withdrawn.

Heard learned counsel for the petitioner no.1 and learned APP for the State and perused the case diary. The petitioner no.1 is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 354, 324, 504 and 506/34 of the Indian Penal Code. It is a case of assault upon the informant's wife, namely, Tara Devi causing injury to her.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He

Patna High Court CR. MISC. No.68842 of 2021(4) dt.22-08-2022 2/2 further submits that there is no specific allegation of overt-act against the petitioner no.1 and he is only the order giver. Petitioner no.1 has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner no.1, namely, Kamaldeo Mahto @ Kamal Deo Kumar, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Jhanjharpur, DistrictMadhubani in connection with Jhanjharpur (A.S.O.P) P.S. Case No. 104 of 2021 (corresponding to G.R. No. 640 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T