Amod Mahto @ Amod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75970 of 2019 Arising Out of PS. Case No.-472 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

Amod Mahto @ Amod Kumar Mahto, Son of Mangal Mahto 2.

Chanda Devi, Wife of Amod Mahto @ Amod Kumar Mahto Both are Resident of Hasanpur Bhadwas, P.S. - Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Mahua P.S. Case No.472 of 2019 registered for the offences punishable under Sections 448, 341, 323, 379, 385 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are husband and wife respectively. Learned counsel submits that the petitioners are innocent and have falsely been implicated in this case due to previous enmity and land dispute. Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.75970 of 2019(2) dt.25-11-2019 2/3 wherein it is the submission of the petitioners that they are husband and wife respectively, the petitioners and the informant have got previous litigation and petitioner no.2 has earlier lodged a complaint case against the husband of the informant of the present case vide complaint case no.2418 of 2019 and petitioner no.1 had also lodged informatory petition no.3105/2019 against the informant, seven days after the alleged date of occurrence when informant came to know about the said case the present case came to be lodged and that it is a case of false implication of the petitioners, let the petitioners in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, Hajipur in connection with Mahua P.S. Case No.472 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.75970 of 2019(2) dt.25-11-2019 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T