Patna High Court - Orders
Umesh Mahto vs The State Of Bihar on 30 June, 2022
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4138 of 2021
Arising Out of PS. Case No.-36 Year-2021 Thana- SC/ST BETTIAH District- West
Champaran
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1. UMESH MAHTO S/o Late Chanchal Mahto R/o Vill Machi Sugar, P.S.
Gopalpur, Dist. W. Champaran.
2. Ravindra Mahto S/o Late Mahendra Mahto R/o Vill Machi Sugar, P.S.
Gopalpur, Dist. W. Champaran.
3. Bashaist Mahto Late Mohan Mahto R/o Vill Machi Sugar, P.S. Gopalpur,
Dist. W. Champaran.
4. Ranjeet Kumar Mahto S/o Kanihya Mahto R/o Vill Machi Sugar, P.S.
Gopalpur, Dist. W. Champaran.
5. Lalmuni Devi @ Lalchuni Devi W/o Motilal Mahto R/o Vill Machi Sugar,
P.S. Gopalpur, Dist. W. Champaran.
6. Birendra Mahto S/o Babulal Mahto R/o Vill Machi Sugar, P.S. Gopalpur,
Dist. W. Champaran.
7. Geeta Devi W/o Harendra Mahto R/o Koerigawa, P.S. Yogapatti, Dist. W.
Champaran.
8. Mithelash Kumar S/o Late Jamdar Mahto R/o Vill Gidha, P.S. Chanpatiya,
Dist. West Champaran.
9. Asha Devi W/o Harendra Mahto R/o Ghogha, P.S. Gopalpur, Dist. W.
Champaran.
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Dhannjay Kumar No 2, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
2 30-06-2022At the very outset, learned counsel for the appellants, seeks permission to withdraw the petition of appellant no.2, namely, Ravindra Mahto.
Permission is accorded.
Accordingly, the petition of appellant no.2, namely, Patna High Court CR. APP (SJ) No.4138 of 2021(2) dt.30-06-2022 2/3 Ravindra Mahto is dismissed as withdrawn.
Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.
The present appeal is directed against the order dated 16.09.2021 passed by learned Ist ADJ-cum-Special Judge SC/ST (POA) Bettiah, West Champaran in a case registered for the offence punishable under Sections 147, 149, 323, 354(B), 379, 385, 427, 504 and 506 of the Indian Penal Code and Sections 3(i)(b)(s)(r)(ii)(v-a) of the SC/ST Act, whereby anticipatory bail of the appellant has been rejected.
It is a case of assaulting, outraging the modesty, demanding ransom and insulting to the informant.
It is submitted by learned counsel for the appellants that the facts of this case does not come within the purview of SC/ST Act and the place of occurrence has not been stated by the informant. He further submits that the main allegation is against Lalan Sharma who outraged the modesty of the informant and is not the appellant. There are case and counter case between the parties and counter case relates to murder of the father of appellant no.1.
Learned Special Public Prosecutor has vehementally opposed the prayer for anticipatory bail of the appellants. Patna High Court CR. APP (SJ) No.4138 of 2021(2) dt.30-06-2022 3/3 Having heard learned counsel for the parties and taking into consideration that there is case and counter case between the parties, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 16.09.2021 passed in A.B.P. No.1766 of 2021 is hereby set aside.
The appellants namely, Umesh Mahto, Bashaist Mahto, Ranjeet Kumar Mahto, Lalmuni Devi @ Lalchuni Devi, Birendra Mahto, Geeta Devi, Mithelash Kumar and Asha Devi are directed to be enlarged on anticipatory in the event of their arrest or surrender before the court below within a period of four weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Ist ADJ-cum-Special Judge, SC/ST/POA Act, Bettiah, West Champaran in connection with Bettiah SC/ST P.S. Case No. 36 of 2021.
(Sunil Kumar Panwar, J) Brajesh Kumar/-
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