Suresh Mandal @ Mukesh Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41639 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -LAUKAHA District- MADHUBANI ======================================================

1. Suresh Mandal @ Mukesh Mandal, S/o Kapleshwar Mandal.

2. Raj Kumar Mandal, S/o Kapleshwar Mandal.

3. Ram Chandra Mandal, S/o Jageshwar Mandal.

4. Ganeshi Mandal, S/o Ram Chandra Mandal.

5. Ram Sunari Devi, Wife of Kapil Kamat.

6. Amriki Devi @ Amirka Devi, Wife of Suresh Mandal.

7. Sharmila Devi, Wife of Dinesh Mandal.

All Resident of Village - Bara, Udhawa, P.S. - Laukaha, Distt. - Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 04-03-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Laukaha P.S. Case No.7 of 2014 (G.R. No.92 of 2014) registered under Sections 341, 323, 324, 307 and 448/34 of the Indian Penal Code besides Sections 3(v)(x)(xi) of the SC/ST Act. The accusation is that the petitioners and others entered the house of the informant and damaged the latrine of his house. At that time, the petitioner Suresh Mandal alias Mukesh Mandal caused injury at the heads of Ram Pravesh Safi, Asha Devi and Jiva Safi through

Patna High Court Cr.Misc. No.41639 of 2014 (2) dt.04-03-2015 2/2 khanti.

Learned counsel appearing on behalf of the petitioners submits that on account of land dispute in between the petitioners, the informant's party committed the offence with the petitioner regarding which Laukaha P.S. Case No.6 of 2014 was instituted under Sections 341, 323, 324, 325, 354, 504, 448 and 379/34 of the Indian Penal Code against the informant of this case and others in which the chargesheet under Sections 341, 323, 448, 354 and 504/34 of the Indian Penal Code has already been submitted but due to ulterior motive, the informant has lodged this false case against the petitioners only to save his skin. It is also submitted that it would appear from the F.I.R. itself that the petitioners have not abused the informant denoting his caste's name.

Having considered the facts and the circumstances of the case, let the petitioners, in the event of their arrest or surrender by them within twelve weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri C.B. Singh, Judicial Magistrate, First Class, Jhanjharpur, in connection with Laukaha P.S. Case No.7 of 2014 (G.R. No.92 of 2014), subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T