Tarachand Mandal And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12710 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Tarachand Mandal

2. Rohit Mandal @ Rohit Kumar Mandal

3. Arti Devi

4. Sarita Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-03-2016 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 452, 341, 323, 354, 379 and 504/34 of the Indian Penal Code.

The prosecution case is that on 21.01.2016 at 10.00 A.M. petitioner no. 4 Sarita Devi threw night soil on the tube well of the informant. On protest being made Sarita Devi abused the informant. It is alleged that after sometime all the accused persons came and started uprooting the hut of the informant and blocked the path. On protest being made the petitioners brought the informant in the courtyard and assaulted

Patna High Court Cr.Misc. No.12710 of 2016 (2) dt.18-03-2016 2/2 her. It is further alleged that petitioner no. 2 Rohit Mandal tore the clothes of the informant and snatched silver chain. It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of land dispute and for the occurrence of 21.01.2016 the FIR was registered on 28.01.2016. There is a counter version of the occurrence also.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the delayed lodging of the case, 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 43 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T