Suresh Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48703 of 2017 Arising Out of PS. Case No.-156 Year-2017 Thana- PAHARPUR District- East Champaran ======================================================

1. Suresh Mahto, Son of Dhuman Mahto,

2. Vishwanath Mahto, S/o Dhuman Mahto, 1 & 2 R/o Village- Dakshin Mishra Tola, P.S.- Paharpur, District- East Champaran.

3. Gyani Mahto S/o Sri Kant Mahto,

4. Renu Devi W/o Gyani Mahto, 3 & 4 Resident of Village- Kritpur, P.S.- Harsidhi, District- East Champaran.

5. Rina Devi W/o Pappu Mahto, R/o Village- Bodhiya, P.S.- Chanpatiya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad For the Opposite Party/s :

Mr. RAM NARESH RAY ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Paharpur Police Station Case No. 156 of 2017, disclosing offences under Sections 341/323/307/354/504/34 of the Indian Penal Code.

The husband of the informant is the brother of petitioner nos. 1, 2. 4 and 5. The petitioner no. 3 is the husband of petitioner no. 4.

Learned Counsel, appearing on behalf of the petitioners,

Patna High Court Cr.Misc. No.48703 of 2017(2) dt.10-11-2017 2/3 has submitted that there is apparent unexplained five days' delay in registration of the First Information Report. He has also submitted that it is because of certain land dispute that the said First Information Report has been registered. The petitioners have no criminal antecedents. It is submitted that the petitioners shall present themselves before the police in course of investigation or in the Court, as the case may, as and when required.

Considering the above submission, this application is allowed.

Let the petitioners, namely, Suresh Mahto, Vishwanath Mahto, Gyani Mahto, Renu Devi and Rina Devi, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Paharpur Police Station Case No. 156 of 2017, subject to the condition 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,

Patna High Court Cr.Misc. No.48703 of 2017(2) dt.10-11-2017 3/3 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) Prabhakar Anand/- U √ T √