Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70722 of 2019 Arising Out of PS. Case No.-475 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Sunil Mahto, Son of Sri Janardan Mahto Resident of Village- Parsa, Mauza Tola, Ward No. 4, P.S.- Majhaulia, District- West Champaran. 2.

Sanjeet Kumar @ Sanjeet Mahto Son of Sri Janardan Mahto Resident of Village- Parsa, Mauza Tola, Ward No. 4, P.S.- Majhaulia, District- West Champaran.

3.

Janardan Mahto @ Janardhan Mahto Son of Late Kuldeep Mahto Resident of Village- Parsa, Mauza Tola, Ward No. 4, P.S.- Majhaulia, District- West Champaran.

4.

Subhnarayan Mahto @ Subhnarayank Mahto Son of Late Ramautar Mahto Resident of Village- Parsa, Mauza Tola, Ward No. 4, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Majhaulia P.S. Case no. 475 of 2018, registered under Sections 341, 323, 324, 307, 354-B, 447 and 379/34 of the Indian Penal Code.

The accusation is that in the morning of 20.10.2018, daughter of the informant Sugandhi Kumari was at his door, at that time, Sunil Mahto (Petitioner No.1) came and

Patna High Court CR. MISC. No.70722 of 2019(2) dt.04-02-2020 2/3 started teasing her, when daughter of the informant made protest then petitioner No.1 caused injury through fist at her nose. On raising alarm, informant Umrawati Devi, Umesh Kumar, husband of informant, and her aunt Layachi Devi came out. Thereafter, Petitioner No.2 to 4 and Tuddu Kumar having armed with lathi, knife and Farsa came there, at that time, Janardan Mahto (petitioner No.3) laid the informant on the ground catching her hair and torn her Balouze, Subhnarayan Mahto (Petitioner No.4) caused injury through lathi to Layzchi Devi. When Bulet Kumar and Sundrama Kumari rushed to save then petitioner No.1 and petitioner No.2 started to cause assault lying them on the ground. At that time, petitioner No.3 snatched his mobile.

Learned counsel for the petitioners submits that, in fact, occurrence took place due to land dispute in which informant, Layzchi Devi and other sustained injuries, which are simple in nature, but with ulterior motive the present case has been lodged. The petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.70722 of 2019(2) dt.04-02-2020 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 475 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T