Lalit Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47119 of 2018 Arising Out of PS.Case No. -242 Year- 2017 Thana -AMARPUR District- BANKA ======================================================
1. Lalit Mandal son of late Bishan Mandal
2. Radha Devi wife of Lalit Mandal
3. Punam Devi wife of Rajesh Mandal
4. Sanju Kumari daughter of Lalit Mandal All are residents of village - Birma, P.S. Amarpur, District - Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Amarpur P.S.Case No.242 of 2017 , registered for offences punishable under Sections 341, 323, 337, 308, 504/34 of the Indian Penal Code.
Allegation against the petitioners as per FIR against the petitioner no.1 is that he caught hold to the informant and one coaccused assaulted by Khanti and against the petitioner no.4 is of snatching the ornaments of the informant.
Submission of the learned counsel for the petitioners is that the petitioner nos. 2 to 4 are the ladies and allegation of snatching of ornaments is ornamental in nature and so far petitioner no.1 is
Patna High Court Cr.Misc. No.47119 of 2018 (2) dt.14-08-2018 2/2 concerned, there is no allegation of assault against him and furthermore the injuries were found to be simple in nature. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Amarpur P.S.Case nO.242 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T