Patna High Court - Orders
Mohan Kumar @ Lal Mohan vs The State Of Bihar on 12 February, 2021
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28014 of 2020
Arising Out of PS. Case No.-415 Year-2019 Thana- MAHUA District- Vaishali
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1. MOHAN KUMAR @ LAL MOHAN S/o Surendra Jha R/o Village- Tajpur
Bujurg, P.S.- Mahua, District- Vaishali.
2. Rajesh Mahto S/o Balindar Mahto @ Balindra Mahto R/o Village- Tajpur
Bujurg, P.S.- Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Baidya Nath Thakur, Advocate
For the Opposite Party/s : Mr.A.M.P. Mehta, APP
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
2 12-02-2021As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 17/18-10-2020, within four weeks of starting of Court proceeding in physical mode.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehends their arrest in connection with Mahua P.S. Case no. 415 of 2019, registered under Sections 341, 447, 323, 147, 354, 342, 379,380 and 427 of the Indian Penal Code and Section 25(1-B), 26 and 35 of the Arms Act.
The accusation is that on 26.07.2019, hot talk Patna High Court CR. MISC. No.28014 of 2020(2) dt.12-02-2021 2/3 exchanged between family members of informant and his pattidar Mohan Kumar @ Lal Mohan (Petitioner) and Awadh Kishore Mahto. Thereafter, at about 8.00 P.M., Nikhil Kumar, having pistol in his hand, along with four others came at his shop situated in his house. Out of them, four persons were not identified by the informant and, at that time, Lal Mohan (Petitioner No.1), Rinku Devi, Rajesh Mahto (Petitioner No.2), Pappu Kishore Mahto, Jai Kishore Mahto, Pawan Mahto, Raj Kishore Mahto, Awadh Kishore Mahto, Dipak Kumar and Mina Devi were having lathi and stick in their hands. At that time, Lal Mohan (Petitioner No.1) and Awadh Kishore Mahto outraged modesty of his daughter, namely, Anjali Kumari, aged about 16 years. When informant Motilal Mahto made protest then Nikhil Kumar pointed pistol at him and Pappu Kishore, Jai Kishore and Dipak Kumar laid him on the ground and started causing assault through iron rod in which he sustained pain injury. At that time, Pawan Kishore, Mina Devi and Rinku Devi entered in the shop and took away box containing Rs. 50,000/- and grocery materials worth of Rs. 50,000/-.
Learned counsel for the petitioners submits that petitioners and informant are pattidars and due to family dispute, hot talk exchanged, but with ulterior motive, the Patna High Court CR. MISC. No.28014 of 2020(2) dt.12-02-2021 3/3 informant lodged the present case with false allegation of outraging the modesty Anjali Kumari, daughter of informant, at the hand of Lal Mohan (Petitioner No.1) and Awadh Kishore Mahto. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 415 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/-
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