Dahogi Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20242 of 2022 Arising Out of PS. Case No.-103 Year-2020 Thana- KURSAILA District- Katihar ====================================================== 1.
DAHOGI MANDAL SON OF LATE LAXMAN MANDAL R/O VILLAGE- SHERMARI, P.S.- KURSELA, DISTRICT- KATIHAR 2.
MUKESH MANDAL SON OF DAHOGI MANDAL R/O VILLAGESHERMARI, P.S.- KURSELA, DISTRICT- KATIHAR 3.
LUKHO DEVI WIFE OF RINKA MANDAL R/O VILLAGE- SHERMARI, P.S.- KURSELA, DISTRICT- KATIHAR 4.
NEELAM DEVI WIFE OF FUDAL MANDAL R/O VILLAGESHERMARI, P.S.- KURSELA, DISTRICT- KATIHAR 5.
CHANDRI DEVI WIFE OF DAHOGI MANDAL R/O VILLAGESHERMARI, P.S.- KURSELA, DISTRICT- KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Prasad Sah. Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 09.06.2020 at 10:00 am, on account of land dispute, Fudal Mandal started abusing him and when he
Patna High Court CR. MISC. No.20242 of 2022(2) dt.01-11-2022 2/3 protested, all the eight accused persons, including the petitioners, came and started assaulting the informant, it is next alleged that Ranjit Kumar assaulted the informant with an iron rod causing injury and when his wife intervened, all accused assaulted her and they even snatched silver chain from his wife, further Fudal Mandal assaulted with brick on account of which informant's teeth broke.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that no specific allegation of assault is against the petitioner as such the allegation is general and omnibus in nature when the informant in the FIR has specifically alleged that who assaulted whom. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.20242 of 2022(2) dt.01-11-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kursela P.S. Case No. 103 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T