Mahendra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.644 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- ISMAILPUR District- Bhagalpur ====================================================== 1.
Mahendra Mandal Son of Late Jageshwar Mandal Resident of villageGonarchak PS -Ismailpur District -Bhagalpur 2.
Subodh Mandal son of Mahendra Mandal Resident of village- Gonarchak PS -Ismailpur District -Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Sunil Kumar Singh, Advocate For the State :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 76, 351(3) and 3(5) of the B.N.S..
3. As per prosecution case, on 27.08.2024, these petitioners entered in the house of informant and Petitioner No. 1 assaulted with lathi on head of informant and Petitioner No. 2 disrobed the informant. It is further alleged that when husband of informant came to save her, he was also assaulted by these petitioners.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have
Patna High Court CR. MISC. No.644 of 2025(2) dt.11-02-2025 2/3 committed no offence as alleged in the F.I.R.. As a matter of fact, Petitioner No. 1 is father-in-law and Petitioner No. 2 is brother-in-law (Bhaisur) of the informant and there is dispute with regard to partition of ancestral property between the parties. It is further submitted that the informant wants separation from the joint family and only with a view to put pressure, this false and fabricated case has been lodged. Though there is allegation of assault but there is no injury report to support the allegations. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Naugachia, District- Bhagalpur in connection with Ismailpur P.S. Case No. 92 of 2024, subject to condition as laid
Patna High Court CR. MISC. No.644 of 2025(2) dt.11-02-2025 3/3 down under Section 482 of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T