Yogi Mahto @ Jodi Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72224 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- KHANPURA District- Samastipur ====================================================== 1.
YOGI MAHTO @ JODI MAHTO Son of Late Ajab Lal Mahto Resident of Village - Khatuaha, P.S.- Khanpur, Distt - Samastipur. 2.
Rajana Devi @ Ranjan Devi Wife of Manoj Mahto Resident of Village - Khatuaha, P.S.- Khanpur, Distt - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Khanpur P.S. Case No. 34 of 2019, registered under Sections 302, 307, 324, 504 and 506/34 of the Indian Penal Code. The accusation is that Suresh Mahto, husband of the informant Bimal Devi, after plying the tempo came at his house and parked his tempo at the door and slept on the cot. After some times, Yogi Mahto (Petitioner No.1), father in law of the informant, reached there and asked him to teach the lesson after coming of his another son, namely, Manoj. Thereafter, Manoj Mahto came there and asked to her husband
Patna High Court CR. MISC. No.72224 of 2019(3) dt.05-03-2020 2/3 to park his tempo at another place from the door. When her husband reached at the door, at that time, Manoj Mahto along with his wife Rajana Devi (Petitioner No.2) and Yogi Mahto (petitioner No.1) caused injury on his head through screw driver. On hearing hulla, Sandip Kumar, son of the informant, rushed then injury was also caused to him through screw driver. Thereafter, with the help of villagers, her husband was rushed to Sadar Hospital, Samastipur from where he was referred to Patna, but he died in the way.
Learned counsel for the petitioners submits that, in fact, due to petty dispute, hot talks exchanged between Suresh Mahto, husband of informant, and his brother Manoj Mahto in which Manoj Mahto caused injury to him, but Yogi Mahto and Rajana Devi, father and wife of Manoj Mahto, have falsely been implicated in this case. The petitioners have no criminal antecedent and they are in custody since 26.04.2019.
Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate,
Patna High Court CR. MISC. No.72224 of 2019(3) dt.05-03-2020 3/3 Samastipur in connection with Khanpur P.S. Case No. 34 of 2019.
(Rajendra Kumar Mishra, J) manish/- U T