Patna High CourtCR. MISC./12711/2015bail granted

Mukesh Kumar Mandal And ORS v. The State Of Bihar

2015-03-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12711 of 2015 Arising Out of PS.Case No. -158 Year- 2014 Thana -BARIYARPUR District- MUNGER ======================================================

1. Mukesh Kumar Mandal.

2. Rupesh Kumar.

3. Sumit Kumar @ Puche.

4. Parwati Devi.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ram Sevak Choudhary, Advocate. For the Opposite Party : Mr. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 323,324, 379, 313, 504 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that the accused persons including the petitioners entered into the house of the informant, made assault as a result, her pregnancy was terminated and the accused persons took away her jewellery and cash Rs. 3000/-.

It is submitted by learned counsel for the petitioners that there is no injury report on the record and accusation under Section 313 of I.P.C.,

Patna High Court Cr.Misc. No.12711 of 2015 (2) dt.26-03-2015 2 / 2 has also been doubted by the learned Sessions Judge after going through the case diary. The petitioners' side lodged a case at earlier point of time. The occurrence is of 23.11.2014 when complaint was filed on 10.12.2014 which came to be registered as police case on 18.12.2014.

Considering delayed lodging of the case, statement made in paragraph no. 3 of the petition that the petitioners have no criminal antecedent and injury report is not on the record, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Bariarpur P.S. Case No. 158 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, J) U T