Patna High CourtCR. MISC./77677/2019partly allowed disposal

Yogendra Mahto v. The State Of Bihar

2020-06-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77677 of 2019 Arising Out of PS. Case No.-262 Year-2017 Thana- NAUTAN District- West Champaran ====================================================== 1.

Yogendra Mahto Son of Sri Ramrekha Mahto Resident of Village - Upadhyay Tola, P.S.- Chanpatia, District- West Champaran 2.

Pramila Devi Wife of Sri Yogendra Mahto Resident of Village - Upadhyay Tola, P.S.- Chanpatia, District- West Champaran 3.

Chhoti Kumari D/O - Sri Yogendra Mahto Resident of Village - Upadhyay Tola, P.S.- Chanpatia, District- West Champaran 4.

Arti Devi D/O - Sri Yogendra Mahto Resident of Village - Upadhyay Tola, P.S.- Chanpatia, District- West Champaran ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party :

Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-06-2020 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioners and Dr. Mritunjay Kumar Gautam, learned Additional Public Prosecutor for the State via video conferencing and perused the case-diary.

The petitioners seek pre-arrest bail in connection with Nautan (Jagdishpur) P. S. Case No.262 of 2017 registered under Sections 328, 324, 364-A, 366, 379, 120-B, 504/34 of the Indian Penal Code.

Considering incriminating material against petitioner no. 1, namely, Yogendra Mahto, in the statement of the victim

Patna High Court CR. MISC. No.77677 of 2019(3) dt.26-06-2020 2/2 recorded under Section 164 of the Code of Criminal Procedure, I am not inclined to grant him pre-arrest bail. His application for grant of pre-arrest bail is rejected.

As far as petitioner nos. 2 to 4, namely, Pramila Devi, Chhoti Kumari and Arti Devi are concerned, the victim has not uttered a word against them. They have been made accused only because they are family members of the main accused Vikram Mahto and petitioner no. 1, Yogendra Mahto.

In that view of the matter, they are directed to be released on bail, in the event of arrest or surrender before the court below, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in Nautan (Jagdishpur) P. S. Case No.262 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kanchan/- U T