Dilip Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16578 of 2019 Arising Out of PS. Case No.-464 Year-2018 Thana- BARARI District- Katihar ====================================================== 1.

Dilip Mandal, Son of Late Ramu Mandal Resident of Village- Sikkat, Ward No. 7, P.S.- Barari, District- Katihar.

2.

Mithun Mandal, Son of Late Ramu Mandal Resident of Village- Sikkat, Ward No.7, P.S.- Barari, District- Katihar.

3.

Pinki Devi Wife of Dilip Mandal Resident of Village- Sikkat, Ward No.7, P.S.- Barari, District- Katihar.

4.

Kisiya Devi Wife of Pramod Mandal Resident of Village- Sikkat, Ward No.- 7, P.S.- Barari, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 354-A, 379, 504, 506/34 of the Indian Penal Code.

The prosecution case, in short, is that the wife of the informant was assaulted by the accused persons due to which she sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.16578 of 2019(2) dt.15-03-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail 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, Katihar in connection with Barari P.S. Case No. 464 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T