Mangni Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.306 of 2020 Arising Out of PS. Case No.-329 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== 1.

MANGNI SAH Son of Late Jugeshwar Sah Resident of Village - Banouli, Police Station - Sursand, District - Sitamarhi. 2.

Mahesh Sah Son of Mangni Sah Resident of Village - Banouli, Police Station - Sursand, District - Sitamarhi.

3.

Mantoriya Devi Wife of Mangni Sah Resident of Village - Banouli, Police Station - Sursand, District - Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 504, 379, 307/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons assaulted the informant due to which she became

Patna High Court CR. MISC. No.306 of 2020(3) dt.16-06-2020 2/3 unconscious and snatched her Mangal Sutra.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is no allegation of assault against the petitioners. The main allegation of assault is against co-accused namely Dinesh Sah.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Judicial Magistrate, 1st Class, Pupri at Sitamarhi in connection with Sursand P.S. Case No. 329/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in

Patna High Court CR. MISC. No.306 of 2020(3) dt.16-06-2020 3/3 connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T