Mantosh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3793 of 2024 Arising Out of PS. Case No.-447 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Mantosh Das, Son of Parmeshwari Das Resident Of Village - Machhbakhra (Machhbakhara), Ward No.15, P.S. - Madhepura (Bharrahi O.P.), District - Madhepura.

... ... Petitioner/S

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar For the State :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 354B, 379, 427, 504, 506/34 of the Indian Penal Code and later on Section 302 of the IPC has been added.

3. The allegation against the petitioner along with others is of brutally assaulted the family members of the informant due to which they sustained injury and the father of

Patna High Court CR. MISC. No.3793 of 2024(3) dt.21-03-2024 2/3 the informant succumbed to injury. It is further alleged that the accused persons looted away cash and other articles from the informant's and also outraged the modesty to the informant's family members.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation of assaulting against co-accused Naresh Das. There is no specific overt act against the petitioner rather the only allegation against this petitioner is that he outraged the modesty to the informant's family members. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.06.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.3793 of 2024(3) dt.21-03-2024 3/3 satisfaction of the learned Judicial Magistrate 1st Class, Madhepura in connection with Madhepura P.S. Case No. 447 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T