IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8180 of 2010 CHHOTE LAL MAHTO Versus THE STATE OF BIHAR ----------- With Cr.Misc. No.13958 of 2010 Suresh Baadhayee @ Suresh Mistiri @ Suresh Kumar Versus The State of Bihar. For the petitioner in Ist case: Sri Shaishav Kumar, Advocate. In 2nd case: Sri Surendra Kumar Singh, Advocate. For the State : Smt. Asha Devi, A.P.P. 4 24.5.2010 Heard the learned counsel for the parties. The petitioner Chhote Lal Mahto is in custody since 29.10.2009 and the petitioner Suresh Baadhayee @ Suresh Mistri @ Suresh Kumar is in custody since 3.11.2009 in Bihta P.S. Case No.283/09 under sections 341,323,326,377 and 307/34 of the I.P.C. According to the prosecution case one Sunaina Devi gave her fardbeyan alleging that her husband alongwith the petitioners and others went to drink wine. After drinking wine the petitioner Chhote Lal Mahto snatched Rs.2100/- from the pocket of the informant’s husband and the petitioner Suresh Baadhayee entered a stick into the rectum of the informant’s husband as a result of which he became senseless. In the morning villagers took out the stick from his rectum and her husband was sent for treatment. The learned counsel for the petitioners submitted that in this case no offence under section 377 I.P.C. is made out and no ingredients constituting offence under section 307 I.P.C. is made out. 2 The learned A.P.P.for the State vehemently opposed the prayer for bail of the petitioners.He further submitted that about 1½’ long stick was taken out from the rectum of the informant’s husband. Considering the fact that all the accused persons and the informant are co-villager and that there was marpit after drinking wine and the period of detention of the petitioners I direct the petitioners to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Danapur. AnilKr.Sinha ( Mungeshwar Sahoo, J. )