Chait Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42682 of 2018 Arising Out of PS.Case No. -357 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Chait Mahto, Son of Chatrugun Mahto,

2. Badal Mahto, Son of Ramlal Mahto,

3. Nunu Babu Mahto @ Nunu Mahto, Son of Yogendra Mahto,

4. Prakash Mahto, Son of Ram Nath Mahto,

5. Bali Ram Mahto, Son of Late Mahanth Mahto,

6. Dev Narayan Mahto, Son of Umesh Mahto, All are resident of VillageKharampur, P.S.- Morhowrah, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Morhowrah P.S.Case No.357 of 2016 , registered for offences punishable under Sections 452, 395, 427, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioners is of entering into the house and committing dacoity. The petitioner is named in the FIR. Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioner and the other co-accused persons having similar allegation have been granted privilege of the anticipatory bail by this Court, vide order dated 17.2.2018 passed in Cr. Misc. No.3208 of 2018 and further

Patna High Court Cr.Misc. No.42682 of 2018 (2) dt.24-07-2018 2/2 the son of the informant has enticed the daughter of the petitioner no.1 and took away and for that the present case has been lodged. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Saran at Chapra in connection with Morhowrah P.S.Case no.357 of 2016 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T