Sikendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4809 of 2023 Arising Out of PS. Case No.-226 Year-2021 Thana- SHANKARPUR District- Madhepura ====================================================== SIKENDRA MANDAL S/O KHATTAR MANDAL R/v- Machhaha, Ward No. 02, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Shankarpur Police Station Case No. 226 of 2021, dated 20.12.2021, disclosing offences under Sections 341/323/ 354-B/379/427/504/506/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that while the informant was getting her field plough through a tractor, all the accused persons, variously armed, arrived there and started abusing and assaulting the informant and when the husband of the informant came for the rescue of the informant, all the accused persons also assaulted him. It has further been alleged that the petitioner torn the blouse of the informant.

Patna High Court CR. MISC. No.4809 of 2023(2) dt.16-05-2023 2/3 Learned Counsel for the petitioner submits that the petitioner, along with others, has falsely been implicated in this case on the basis of concocted story and as a counter blast of the First Information Report lodged by the side of the petitioner for the occurrence which has taken place on the same date and time, bearing Shankarpur Police Station Case No. 225 of 2021, dated 20.12.2021. He further submits that for the incident, which has taken place on 13.12.2021, the First Information Report has been lodged by the informant on 20.12.2021, and that too after lodging of the First Information Report by the side of the petitioner.

Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that there is land dispute between the parties and there is case and counter case, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Sikendra Mandal, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief

Patna High Court CR. MISC. No.4809 of 2023(2) dt.16-05-2023 3/3 Judicial Magistrate, Madhepura, in connection with Shankarpur Police Station Case No. 226 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √