Madan Mahto vs The State Of Bihar on 29 April, 2023

[Cites 10, Cited by 0]

Patna High Court - Orders

Madan Mahto vs The State Of Bihar on 29 April, 2023

Bench: Chandra Shekhar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68897 of 2022
                     Arising Out of PS. Case No.-103 Year-2022 Thana- PURNAHYA District- Sheohar
                 ======================================================
           1.     Madan Mahto S/O Late Kapildev Mahto R/O Village- Ashopur, P.S-
                  Purnahiya, District- Sheohar
           2.    Satyam Kumar S/O Madan Mahto R/O Village- Ashopur, P.S- Purnahiya,
                 District- Sheohar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-04-2023

Heard learned counsel appearing on behalf of the parties.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Purnahiya P.S. Case No. 103 of 2022 registered for the offences punishable under Sections 341, 342, 323, 325, 379, 354, 435, 504 and 506/34 of the Indian Penal Code.

The allegation against both petitioners is to assault informant and family members along with other co-accused persons causing bodily injuries and also to outrage modesty of Patna High Court CR. MISC. No.68897 of 2022(2) dt.29-04-2023 2/3 the wife of informant, during course of occurrence.

Learned counsel appearing on behalf of the petitioners submitted that petitioners are none but the brother of the informant. It is submitted that occurrence is founded over the land disputes, arises out of ancestral properties. It is submitted that allegation, as regard to outraging modesty of wife of informant is appearing collective against these petitioners. Learned counsel further pointed out that injuries as alleged to received by informant and others, during course of occurrence, is appearing simple except one, which is fracture of index finger i.e. non-vital part of body. While concluding the argument, it is submitted that petitioners are men of clean antecedent.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances of the case and by taking note of allegations and injuries, let all above named petitioners, in the event of their arrest or surrender before learned court below within a period of four weeks, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar/concerned Court, where the case is pending in connection with Purnahiya P.S. Case No. 103 of Patna High Court CR. MISC. No.68897 of 2022(2) dt.29-04-2023 3/3 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/-

U      T

Unlock Advanced Research with PRISMAI

Patna High Court - Orders