Pran Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53993 of 2016 Arising Out of PS.Case No. -205 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ======================================================
1. Pran Mahto, son of Late Hemraj Mahto.
2. Prabhu Lal Mahto, son of Pran Mahto.
3. Sunita Devi, wife of Prabhu Lal Mahto.
All resident of Village- Baluchak, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 21-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Saraiya P.S. Case No.205 of 2016 registered under Sections 341, 323, 325, 307, 448, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that four persons, named in the F.I.R., including the petitioners, on 19.06.2016 at about 08.00 P.M. in the night, armed with knife, rod and lathi came at the door of the informant and started to abuse. Then petitioner no.2 caused injury through knife near the eye of the informant due to which he fell down. Thereafter, the petitioner no.2 through iron rod again caused injury to the informant and the petitioner no.3 snatched Rs.5000/- from his pocket and gold
Patna High Court Cr.Misc. No.53993 of 2016 (2) dt.21-12-2016 2/2 chain. At that time, the petitioner no.1 asked them to kill the informant. Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner no.3 lodged Saraiya P.S. Case No.68 of 2016 for causing assault and outraging her modesty against the informant of the present case and his other family members. Due to that reason, only to put undue pressure upon the petitioners and to compromise the aforesaid case, the present case has been lodged by the informant. Moreover, the four injuries, as found on the person of the informant, are simple in nature which may occur due to falling of the informant on the earth. Further submission is that the petitioners have no criminal antecedents.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, 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 the Chief Judicial Magistrate, Muzaffarpur, in connection with Saraiya P.S. Case No.205 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T