Manish Mandal And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79154 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- RUPAULI District- Purnia ====================================================== 1.

Badho Mandal, S/O Gholtu Mandal, 2.

Kasturi Madal S/O Late Muso Mandal 3.

Jira Devi W/O Bhado Mandal All Resident of Village - Gidha, P.S. Rupauli, District- Purnia ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 9362 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- RUPAULI District- Purnia ====================================================== 1.

Manish Mandal, S/o Navin Kumar Mandal resident of village-Dobgidha, P.S-Rupauli, Distt.-Purnia 2.

Koko Mandal @ Koko Kumar @ Santosh Kumar S/o Bhado Mandal resident of village-Dobgidha, P.S-Rupauli, ... ... Petitioners

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 79154 of 2018) For the Petitioner/s :

Mr.Sudhir Kumar Thakur For the Opposite Party/s :

Mr.Sri Binod Kumar 3 (In CRIMINAL MISCELLANEOUS No. 9362 of 2019) For the Petitioner/s :

Mr.Sudhir Kumar Thakur For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-05-2019 Both the aforesaid applications arise out of the same Rupauli P.S. Case No. 148 of 2018 registered under Sections 147, 149, 341, 323, 307 and 506 of the Indian Penal Code. Therefore, both the aforesaid applications have been heard

2/4 together and are being disposed of by this common order. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Rupauli P.S. Case No. 148 of 2018 registered under Sections 147, 149, 341, 323, 307 and 506 of the Indian Penal Code.

The accusation is that Ranjit Kumar, son of informant Chhedi Mandal had gone to attend last rites of his father-in-law at village-Dhobgidha, P.S. Rupauli, DistrictPurnia. On 26.08.2018, his son Ranjit Kumar was carried boarding on tempo in unconscious state of Mangal Mandal in which his daughter-in-law was also present. When he made query to his daughter in law about condition of Ranjit Kumas then she disclosed that on 21.08.2018 at 11.00 P.M. Bhado Mandal, Kasturi Mandal, Kauko Kumar @ Santosh Kumar, Manish Mandal and Jira Devi (petitioners) came and caused injury at the back of head (Spinal cord) and they also pressed the neck. At that time, Manish Mandal also caused injury through iron rod at the head of Ranjit Kumar in which he sustained fracture injury, when she made protest then she was also assaulted by Jira Devi.

3/4 Learned counsel appearing for the petitioners submits that after death of son of informant Barhara P.S. Case No. 216 of 2018, under Section 452, 341, 323, 307, 302 and 504/34 of the Indian Penal Code was instituted on 13.09.2018 against Bhado Mandal, Kasturi Mandal, Koko Mandal and Jira Devi. Further submission is that in course of investigation of said case, no external injury was found over the body of Ranjit Kumar, son of the informant and Doctor opined that caused of death was cerebrorascular accident. In the said case, the petitioners Badho Mandal @ Bhado Mandal, Kasturi Mandal, Koko Kumar @ Santosh Kumar and Jira Devi have already been allowed privilege of bail by a co-ordinate Bench of this Court on 07.03.2019 vide Criminal Miscellaneous No. 14185 of 2019.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnia in connection with Rupauli P.S. Case No. 148 of 2018, subject to the condition as laid down under Section

4/4 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T