Janardan Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48253 of 2015 Arising out of PS.Case No. -143 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Janardan Mahto, S/o Yogi Mahto.

2. Sushil Mahto, S/o Yogi Mahto.

3. Sakun Devi, W/o Yogi Mahto. All are residents of Village - Manikpur, P.S. Suryagarha(Manikpur), District - Lakhisarai. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Parmanand Pd. Nr. Sahi, Advocate. For the Opposite Party : Mr. Smt. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Suryagarha P.S. Case No. 143 of 2015 for the offences instituted under Sections 341, 323, 354(A), 354(d)/34 of the IPC and 12 of the POCSO Act.

The prosecution story, in brief, is that the informant's own Gotiya (co-sharer) Rohit used to talk with her daughter on Mobile. Rohit also teased her daughter. When the informant went to complain with Rohit's father Janardan Mahto, then all the accused persons started abusing her and also tried to assault her. Accused persons also threatened her and her Damad for direconsequences. It is also alleged that Rohit Kumar always used to harass her daughter and in absence of family member Rohit

Patna High Court Cr.Misc. No.48253 of 2015 (2) dt.01-02-2016 2/2 entered into her house with bad intention.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The main allegation is against Rohit Kumar. Petitioner no. 1 is the father of said Rohit Kumar, petitioner no. 2 is the uncle of Rohit Kumar and petitioner no. 3 is the grand-mother of Rohit Kumar. The said Rohit Kumar has already been enlarged on bail by the learned court below. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Suryagarha P.S. Case No. 143/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Ist-cumSpecial Judge, POCSO Act, Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T