Radhika Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44595 of 2017 Arising Out of PS.Case No. -81 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Radhika Devi wife of Rajbali Mahto

2. Rajbali Mahto

3. Lal Bihari Mahto Both sons of Late Mohan Mahto

4. Manoj Mahto

5. Manish Mahto @ Manish Kumar

6. Tuntun Mahto All sons of Amiraka Mahto

7. Reeta Devi wife of Amiraka Mahto All residents of village - Koraiya, P.S. - Sugauli, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/148/341/323/324/307/379/504 of the Indian Penal Code. According to F.I.R. there is general and omnibus allegation of commission of assault against the petitioners. Specific allegation against the petitioner Rajbali Mahto is of commission of injury with Khanti, a sharp cutting and penetrating weapon whereas the doctor has found simple laceration on the

Patna High Court Cr.Misc. No.44595 of 2017 (2) dt.19-09-2017 P2/ scalp of injured vide Annexure-20 and simple injury has been found on the person of Ranju Devi, which is specifically alleged against co-accused Manoj Mahto.

Considering the aforesaid materials especially the fact that specific allegation is not substantiated by the medical evidence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/successor Court in connection with Sugauli Police Station Case No. 81 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T