High Court Patna High Court - Orders

Jang Bahadur Mahto & Ors. vs The State Of Bihar on 14 September, 2011

Patna High Court – Orders
Jang Bahadur Mahto & Ors. vs The State Of Bihar on 14 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.31144 of 2011
                       1.Jang Bahadur Mahto
                       2.Lal Bahadur Mahto
                       3.Kari Mahto
                           All sons of Jai Kant Mahto, resident of
                        village-Haripur, P.S.-Rosera, Dist.-Samastipur
                                               Versus
                                        The State of Bihar
                                             -----------

2. 14.9.2011. Heard learned counsel for petitioners and learned

counsel for the State.

The petitioners apprehend their arrest in connection with

a case registered for the offence punishable under sections 341, 323,

504 and 379/34 of the Indian Penal Code and section 3(i)(x) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989.

It is submitted on behalf of the petitioners that the

alleged occurrence is said to have taken place on 21.5.2011 but the

information has been given to the police on 23.5.2011. It is also

contended that there is no specific allegation of harvesting maize

crops. It is also contended that from perusal of first information

report itself it would transpire that there is nothing to suggest that

there was any intentional insult with intent to humiliate the

informant in any place with public view. The case is purely a simple

case of assault.

Taking into consideration the aforesaid submissions, let

the petitioners, namely, 1.Jang Bahadur Mahto, 2.Lal Bahadur

Mahto and 3.Kari Mahto in the event of their arrest or surrender

before the court below within a period of four weeks from the date
2

of receipt/communication of the order be released on bail on

furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties

of the like amount each to the satisfaction of Addl. Chief Judicial

Magistrate, Rosera, Samastipur in connection with Rosera P.S. Case

N0.68 of 2011 subject to the conditions as laid down under section

438(2) of the Code of Criminal Procedure.

Md.S.                            ( Ashwani Kumar Singh, J.)