← Library
Patna High CourtCR. APP (SJ)/127/2020bail rejected

Amarjeet Mandal v. The State Of Bihar

2020-01-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.127 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- RAJAON District- Banka ====================================================== AMARJEET MANDAL Son of Jageshwar Mandal Resident of VillageTekni, P.S.- Rajoun, District- Banka. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ranjan Kumar Jha For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2020 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 06.11.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge, SC/ST Act, Banka in connection with Rajoun P.S. Case No. 60 of 2019, registered under Sections 363, 365, 323, 354, 379/34, 302 and 201 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(w) of the SC/ST Act.

Accusation is that in the evening of 06.02.2019, six persons named in the F.I.R., including the petitioner, came at the house of informant and started abusing to the informant. When informant made protest then all caused assault to the informant through lathi, danda, fist and slaps as a result, she sustained

Patna High Court CR. APP (SJ) No.127 of 2020(2) dt.16-01-2020 2/2 injury at her legs and palm of the hand. At that time, her daughter-in-law Puja Devi was, forcibly, taken away by them and her son Suraj was also searched by them.

Learned counsel appearing on behalf of appellant submits that, in fact, Puja Devi, whose name has been detailed in the F.I.R. is the daughter of co-accused Makeshwar Mandal, she was kidnapped by the son of informant of the present case regarding which Rajoun P.S. Case No. 64 of 2019 was instituted under Section 366(A)/34 of the Indian Penal Code due to that reason, the present case has been lodged. Further submission is that appellant is none, but nephew of Makeshwar Mandal. Having considered the facts and circumstances of the case and the nature of allegation against the appellant, I am not inclined to grant pre-arrest bail to the appellant. Accordingly, his prayer for grant of pre-arrest bail stands rejected.

Accordingly, this Criminal Appeal is dismissed. (Rajendra Kumar Mishra, J) manish/- U T