Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58943 of 2019 Arising Out of PS. Case No.-250 Year-2018 Thana- GURUA District- Gaya ====================================================== 1.

MANTU KUMAR Son of Pramod Prasad @ Pramod Mahto Resident of Village - Koiri Bigha, P.S.- Gurua, Dist.- Gaya. 2.

Santu Kumar Son of Pramod Prasad @ Pramod Prasad Resident of Village - Koiri Bigha, P.S.- Gurua, Dist.- Gaya.

3.

Pramod Mahto @ Pramod Prasad Son of Rambriksh Mahto Resident of Village - Koiri Bigha, P.S.- Gurua, Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-09-2019 Heard both sides.

The petitioners apprehend their arrest in Gurua P.S. case No. 250 of 2018 registered under Section 341, 344, 323, 307, 379, 504, 506/34 of the IPC.

The informant alleged that his marriage was solemnized with Kiran Kumari, daughter of petitioner No.3, and he got a son aged about four years. The informant is working in a private company in Delhi but his wife fled away with a neighbour, Kalu Kumar, and she gave undertaking in the P.S. that she would not live with informant. The informant further alleged that on 11.12.2018 when he asked his father-in-law to return his money borrowed earlier his brothers-in-law took him and they all assaulted him.

The learned counsel for the petitioners submits that the entire allegation is false and concocted. The petitioners

Patna High Court CR. MISC. No.58943 of 2019(2) dt.24-09-2019 2/2 never assaulted the informant. No occurrence as alleged by the informant has ever taken place. The injuries, although simple in nature, are manufactured one to implicate the petitioners, who are brothers-in-law and father-in-law of the informant. It appears that the informant has got dispute with his wife from before and thereafter the informant alleged that petitioners assaulted him but the injuries found on the person of informant are superficial and simple in nature.

Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Sherghati, Gaya in connection with Gurua P.S. case No. 250 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T