Ram Sakal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3019 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- MADHEPUR District- Madhubani ====================================================== 1.

RAM SAKAL MAHTO, Male, aged about 40 years, son of Sita Ram Mahto. 2.

Brahmdeo Mahto, aged about 33 years. son of Rogahu Mahto. Both resident of Village- Fataki, P.S.- Madhepur, DistrictMadhubani. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Baleshwar Kamat For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Madhepur P.S. Case No.162 of 2019 (G.R. No.1755 of 2019), registered for the offence under Sections 341, 323, 143, 354(B), 379, 504 and 506 of the Indian Penal Code.

Allegation has been made that accused persons took the husband of the informant and tied him in the electric pole and started assaulting him. When the daughter-in-law of the informant came to save him, the accused persons misbehaved with her and tried to outrage her modesty.

Patna High Court CR. MISC. No.3019 of 2020(2) dt.28-02-2020 2/2 Learned counsel for the petitioners submits that the alleged incident has taken place on 13.10.2019 whereas the F.I.R. has been lodged on 20.10.2019 i.e. after a delay of seven days that too without any explanation.

Considering the aforesaid facts, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Jhanjharpur, District- Madhubani, in connection with Madhepur P.S. Case No.162 of 2019 (G.R. No.1755 of 2019), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) pawan/- U T