Patna High CourtCR. MISC./79427/2018disposed

Devendra Mahto And ORS v. The State Of Bihar

2019-01-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79427 of 2018 Arising Out of PS. Case No.-289 Year-2018 Thana- KASBA District- Purnia ======================================================

1. Devendra Mahto Son of Late Dasrath Mahto

2. Birendra Mahto Son of Late Dasrath Mahto

3. Jayanti Devi Wife of Devendra Mahto

4. Gita Devi wife of Birendra Mahto All R/o village Southa, P.S. - Kasba, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Adv For the Opposite Party/s :

Mr.Yogendra Kr. Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341,323,307,504,506/34 of the Indian Penal Code. Considering the nature of allegation against petitioner No.1-Devendra Mahto to have assaulted with spade, I am not inclined to enlarge him on anticipatory bail. Hence, he may surrender within three weeks and pray for regular bail. Petitioner No.2-Birendra Mahto has already been arrested in this case. Hence, his prayer for anticipatory bail is infructuous now.

Patna High Court Cr.Misc. No.79427 of 2018(2) dt.23-01-2019 2/2 Let petitioner Nos.3 and 4, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kasba P.S.Case No. 289 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Accordingly, this application stands disposed of. (Birendra Kumar, J) Nitesh/- U T