Guddu Chandrabhan @ Chandra Bhanu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61104 of 2019 Arising Out of PS. Case No.-272 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Guddu Chandrabhan @ Chandra Bhanu Prasad Son of Nawal Kishore Mahto 2.

Arvind Mahto Son of Sukhu Mahto 3.

Satyendra Mahto Son of Dev Prasad Mahto 4.

Sushant Mahto @ Sumant Kumar Son of Ram Nandan Mahto @ Ramanand Mahto 5.

Ram Nandan Mahto @ Rama nand Mahto Son of Karu Mahto 6.

Santu Mahto @ Santu Kumar Son of Jitendra Mahto 7.

Parshuram Mahto @ Pashuram Mahto Son of Karu Mahto All are Resident of Village Dhanuki P.S. Makhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-09-2019 Heard learned counsel for the petitioners as well as learned APP for the State.

Petitioners apprehend their arrest in connection with Makhdumpur P.S. Case No.272/2019, for the offence punishable under Sections 323, 341, 147, 149, 354, 354B, 504, 506 and 379 IPC.

The allegation against the petitioners as per First Information Report that while the informant was standing near school the petitioners who are co-villagers of the informant

Patna High Court CR. MISC. No.61104 of 2019(2) dt.26-09-2019 2/3 abused and assaulted the informant and also attempted to outrage her modesty by pulling her Sari. It has further been alleged that husband of the informant was also assaulted by the petitioners by means of rod, farsa and garasa. Learned counsel for the petitioners submit that both the parties are co-villagers and there was dispute between them relating to the implementation of Nal-Jal Yojna. Learned counsel for the petitioners further submit that from perusal of the impugned order, it would be evident that the doctor has found swelling on the left arm on the person of the victim i.e. on informant.

Learned counsel appearing for the State vehemently opposes the prayer for anticipatory bail and submits that the informant and her husband have been assaulted by the petitioners.

Having regard to the submission made by the parties and taking into consideration the fact that both the parties belong to the same village and there was dispute between the parties relating to the implementation of Nal-Jal Yojna in the village, I am inclined to grant anticipatory bail to all these petitioners.

Accordingly, all the petitioners, above named, are

Patna High Court CR. MISC. No.61104 of 2019(2) dt.26-09-2019 3/3 directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by them, they shall be released on anticipatory bail by the court below upon furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No.272/2019, subject to the condition as mentioned under Section 438(2) of Cr.P.C. (Anil Kumar Sinha, J.) Prakash Narayan /- U T