Ramu Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10319 of 2019 Arising Out of PS. Case No.-223 Year-2018 Thana- PIPRA District- Supaul ====================================================== RAMU MANDAL, Son of Late Sarup Mandal, Resident of Village- Pathara, P.S.- Pipra, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Goutam, Adv.
For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 01.12.2018 in a case registered for the offences punishable under Sections 341, 323, 504, 506, 307, 447, 354, 379 and 34 of the Indian Penal Code.
The prosecution case is that on 23.09.2018, the son the informant, Akash Kumar was abused by the co-accused Deoki Devi. On protest being made by the wife of the informant, Kalpana Chaudhary, she was also being abused by
Patna High Court Cr.Misc. No.10319 of 2019(2) dt.21-02-2019 2/3 the co-accused, Deoki Devi. Thereafter, the co-accused, Deoki Devi called her husband, Ramu Mandal (the petitioner), and on the order of co-accused Deoki Devi, the petitioner, with a piece of wood, assaulted thrice on the head of the wife of the informant, causing bleeding injury. It is also alleged that the petitioner snatched a gold chain from the neck of the wife of the informant.
It is submitted by learned counsel for the petitioner that for the occurrence of 23.09.2018, the FIR has been registered on 30.09.2018. It is further submitted that the injury caused to the wife of the informant has been found simple in nature caused by hard and blunt substance. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP for the State submits that there is specific accusation of assault against the petitioner. Considering the delayed lodging of the FIR and the accusation not being corroborated by the medical opinion, coupled with the statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 A.C.J.M.-III,
Patna High Court Cr.Misc. No.10319 of 2019(2) dt.21-02-2019 3/3 Supaul in connection with Pipra P.S. Case No.223 of 2018. (Dinesh Kumar Singh, J) Deepak/- U T