Ghanshyam Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2921 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -SC/ST District- ARRARIA ======================================================
1. Ghanshyam Mandal Son of Nityanand Mandal
2. Urmila Devi Wife of Nityanand Mandal
3. Nityanand Mandal Son of Late Kauri Mandal
4. Tirthanand Mandal Son of Late Kauri Mandal
5. Somnath Mandal @ Shyam Kumar Mandal Son of Tirthanand Mandal
6. Chaturi Mandal Son of Late Fulai Mandal
7. Amit Mandal @ Silit Mandal Son of Late Dhaneshwar Mandal All are Resident of village - Novtoli ( Rahatmil ) P.S. Kursakanta, District - Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2016 Learned counsel for the petitioners is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447,341,323,354A,504 and 506/34 of the Indian Penal Code.
The prosecution case is that the petitioner no. 1 Ghanshyam Mandal took away the she-goat from the
Patna High Court Cr.Misc. No.2921 of 2016 (2) dt.19-01-2016 2/3 ridge of the paddy field without the permission of the petitioner, on protest being made the informant was being threatened. Subsequently, the informant was abused and assaulted and fifteen thousand cash and jewellery was taken away. It is also alleged that accused persons also smashed the clothes of the informant.
It is submitted by the learned counsel for the petitioners that for the occurrence of 28.9.2015 the FIR was registered on 19.10.2015 when Panchayat Mukhia and other villagers have filed application that frivolous case has been lodged. The petitioners side lodged Complaint Case No. 2824C of 2015 against the informant of the present case. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the delayed lodging of the case and the case lodged by the petitioners side at earlier point of time, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to
Patna High Court Cr.Misc. No.2921 of 2016 (2) dt.19-01-2016 3/3 the satisfaction of learned CJM, Araria in connection with SC/ST Araria P.S. Case No.61 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T