Patna High CourtCR. MISC./51005/2018bail granted

Tripurari Mahto And ORS v. The State Of Bihar

2018-09-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51005 of 2018 Arising Out of PS.Case No. -517 Year- 2017 Thana -AMARPUR District- BANKA ======================================================

1. Tripurari Mahto, Son of Late Randhir Mahto,

2. Indra Vijay Mahto @ Indravijay Kumar, Son of Tripurari Mahto,

3. Rekha Devi, Wife of Tripurari Mahto.

4. Chandani Devi, Wife of Indra Vijay Mahto. All are resident of VillagePairdha, P.S. Amarpur, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.S.K.Jha For the Opposite Party/s : Mr. A.Kumar-2. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties.

The petitioners seek pre-arrest bail in Amarpur P.S.Case No.517 of 2017 registered for the offence under Sections 341, 323, 308, 379, 506/34 of Indian Penal Code.

Allegation as per the F.I.R. against the petitioners is of assault to the informant, her son and the husband by lathi and danda causing injury on their head.

Submission of the learned counsel for the petitioners is that there is a case and counter case and the injuries are simple in nature.

Patna High Court Cr.Misc. No.51005 of 2018 (2) dt.04-09-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/-each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka, in Amarpur P.S.Case No.517 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must 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 and 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 bonds.

(Vinod Kumar Sinha, J) AnilKrSinha/- U