CR. MISC./75971/2018 of BINESHARI MAHATO @ BINDESHWARI PRASAD KUSHWAHA @ BINDESHWARI MAHATO and ORS Vs The State Of Bihar on 21 December 2018

1. BINESHARI MAHATO @ BINDESHWARI PRASAD KUSHWAHA @BINDESHWARI MAHATO son of Late Kodai Mahato BINDESHWARI MAHATO son of Late Kodai Mahato

2. Nand Kishore Mahato son of Late Kodai Mahato

3. Saheb Kumar son of Bineshari Mahato @ Bindeshwari Prasad Kushwaha

4. Rabindra Mahato son of Nand Kishore Mahato

5. Dosh Mahato @ Dhora Mahato son of Late Ram Narayan Mahato

6. Bhola Mahato @ Manoj @ Manoj Prasad Kushwaha @ Manoj Mahato son ofRamchadra Mahato Ramchadra Mahato

7. Ranglal Mahato son of Late Shankar Mahato

8. Babita Devi wife of Bineshari Mahato @ Bindeshwari Prasad Kushwaha 9. Premshila Devi @ Shila Devi wife of Nandu Mahato All are Residents ofVillage- Gurchurwa, Police Station- Majhaulia, District- West Champaran.9. Premshila Devi @ Shila Devi wife of Nandu Mahato All are Residents ofVillage- Gurchurwa, Police Station- Majhaulia, District- West Champaran.

... ... Petitioner/sVersus

The State of Bihar

... ... Opposite Party/s

======================================================Appearance :For the Petitioner/s: Mr.Brij Kishor MishraFor the Opposite Party/s : Mr.Harendra Prasad ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHAORAL ORDER

21-12-2018

Heard both sides.

The petitioners apprehend their arrest in MajhauliaP.S. Case No. 79 of 2018 under Sections 147, 148, 149, 341,323, 324, 354, 379, 506 of the Indian Penal Code and underSection 8 of POCSO Act.

The informant alleged that while they were enjoying Holi festivals, one Saheb Kumar ill teased Risha Kumari. Whenthe informant protested Nandu Mahto and other petitionerscame and assaulted the informant with farsa on his head. The Saurabh/-UT

petitioners are alleged to have assaulted the female members ofthe informant.

The learned counsel for the petitioners submits thatthere is a counter version being Majhaulia P.S. Case No.78 of2018. The villagers were enjoying Holi festival and some verbalalteration took place which resulted in mutual assault with eachother and for that, case and counter case have been lodged. Bothsides have compromised the case.

Considering the aforesaid facts, let the petitioners,above named, in the event of their arrest or surrender before thecourt below within a period of four weeks from the date ofreceipt of the order, be released on bail on furnishing bail bondof Rs.10,000/-(Rupees Ten Thousand) each with two sureties ofthe like amount each to the satisfaction of the learned AdditionalDistrict & Sessions Judge 1[st]-cum-Special Judge, Bettiah,District-West Champaran in connection with S.G.R. No.27 of2018 arising out of Majhaulia P.S. Case No. 79 of 2018, subjectto the conditions as laid down under Section 438(2) of the Codeof Criminal Procedure.

(Prabhat Kumar Jha, J)