Ranvijay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82113 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- BELCHHI District- Patna ====================================================== RANVIJAY MAHTO Son of Ramdeo Mahto Resident of Village- Kabirchak, Police Station- Belchhi, District- Patna.
... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Tej Narayan Singh, Advocate.
For the State :
Mr. Murli Dhar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Belchhi P.S. Case No.26 of 2019 registered under Sections 341, 323, 307, 384, 386, 354, 436 and 504/34 of the Indian Penal Code.
The accusation is that on 30.05.2019 at about 10.00 P.M., Ranvijay Mahto (petitioner) and Tullu Mahto, the covillager of the informant Savitri Devi, came near the informant and demanded ransom of Rs.5,00,000/- saying that at her instance, they had gone to jail in the case of consuming liquor and also started to abuse her. When the informant made protest, she was laid down by them on the ground catching her hair and
Patna High Court CR. MISC. No.82113 of 2019(4) dt.25-06-2020 2/3 started to press her neck. When Rambriksh Mahto, the husband of the informant, rushed to save her, then he was also assaulted by them through fists and slaps. At that time, both had pistol in their hand and due to fear, no villager reached at the place of the occurrence. Thereafter, both set the house of the informant on fire.
Learned counsel for the petitioner submits that the petitioner and the informant are neighbours and due to grudge and enmity, the informant implicated the petitioner and the coaccused Tullu Mahto. While the informant has alleged in the F.I.R. that the petitioner and the co-accused Tullu Mahto set her house on fire but in paragraph-6 of the case diary, in which the place of the occurrence is detailed, no sign of burning was found in the house of the informant rather burnt hut was found adjacent to the house of the informant. Moreover, the injuries, as found on the person of the informant and her husband, are simple in nature. While the petitioner is accused in two other cases, as detailed in paragraph-3 to this application, but out of the aforesaid two cases, in one case, the petitioner has already been acquitted and in another case, he is on bail. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or
Patna High Court CR. MISC. No.82113 of 2019(4) dt.25-06-2020 3/3 surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Barh, Patna, in connection with Belchhi P.S. Case No.26 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T