Sitaram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17992 of 2020 Arising Out of PS. Case No.-32 Year-2019 Thana- EKCHARI District- Bhagalpur ====================================================== 1.

SITARAM MANDAL Son of Late Naresh Mandal Resident of Village - Bari Mohanpur, P.S.- Ekchari, Distt - Bhagalpur.

2.

Tarkeshwar Mandal Son of Late Naresh Mandal Resident of Village - Bari Mohanpur, P.S.- Ekchari, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. 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, 504, 506, 337, 338 and 34 of the Indian Penal Code.

The prosecution case, in short, is that on trivial issue, the accused persons came in front of the house of the informant and assaulted her due to which he sustained injury.

Patna High Court CR. MISC. No.17992 of 2020(2) dt.16-07-2020 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. 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 facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Ekchari P.S. Case No. 32 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

Patna High Court CR. MISC. No.17992 of 2020(2) dt.16-07-2020 3/3 (Sudhir Singh, J) Pankaj/- U T