Manohar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59380 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- SIKTA District- West Champaran ====================================================== 1.
Manohar Mahto son of Late Shukhal Mahto Resident of Village -Jamuniya Police station- Gopalpur District- west Champaran 2.
Nisha Kumari Daughter of Manohar Mahto Resident of Village -Jamuniya Police station- Gopalpur District- west Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Brij Kishor Mishra, Advocate For the State :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 108 and 3(5) of the B.N.S..
3. As per prosecution case, informant, namely Munna Das, alleged that on 17.03.2025 at about 10 PM, Petitioner No. 2, who happens to be daughter of Petitioner No. 1, called son of informant and when he went to meet her, he was assaulted by both these petitioners. It is alleged that after coming home, due to torture and out of shame, son of informant committed suicide.
Patna High Court CR. MISC. No.59380 of 2025(2) dt.02-09-2025 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. During course of investigation, informant produced suicide note of his son and according to the same, the deceased had gone to meet Petitioner No. 2 where he was caught and thereafter, these two petitioners allegedly snatched his motorcycle and out of shame and alleged snatching of motorcycle, he committed suicide. In the entire F.I.R., there is no allegation of any direct or indirect act by these petitioners which made the deceased to commit suicide and as such, no offence under Section 108 of the B.N.S. is made out against these petitioners. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.59380 of 2025(2) dt.02-09-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bettiah, District- West Champaran in connection with Sikta P.S. Case No. 47 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T