Dharmendra Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40731 of 2018 Arising Out of PS.Case No. -1211 Year- 2014 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ======================================================

1. Dharmendra Mandal, S/o Jagarnath Mandal, R/o Vill.- Gewal, P.S.- Baheri, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Daywati Devi, W/o Shivnath Mandal, R/o Vill.- Gewal, P.S.- Baheri, District- Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in C.R. No.1211 of 2014 instituted for the offence under Section(s) 341, 323, 504, 354 Indian Penal Code.

It has been submitted that petitioner and the Complainant are agnates. There is land dispute between the parties from before. The Court has not taken cognizance under Section 376 Indian Penal Code, rather, during enquiry the court below has found prima facie case for the offence under Section(s) 341, 323, 504, 354 Indian Penal Code.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.40731 of 2018 (2) dt.12-07-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with C.R. No.1211 of 2014, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Darbhanga, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T