Deepak Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28976 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -SHANKARPUR District- MADHEPURA ======================================================
1. Deepak Mandal,
2. Ajay mandal , Both Sons of Dhaneshwar Mandal,
3. Dhaneshwar Mandal , Son of Late Puran Mandal,
4. Mangli Devi, W/o Dhaneshwar Mandal, All Resident of Village- Kolhua, P.S.- Shankarpur, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate. For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Shankarpur P.S. Case No. 18 of 2017 instituted for the offence under Sections 341, 323, 354A, 379, 436, 504 and 34 of the Indian Penal Code. It has been submitted that the instant case has been filed as a counter blast of Shankarpur P.S. Case No. 19 of 2017 instituted by the petitioner No. 4 against the informant and his family members. The injuries found on the person of the injured in the instant case are simple in nature. There is admitted land dispute between the parties. Petitioner No. 3 is said to be the order
Patna High Court Cr.Misc. No.28976 of 2017 (3) dt.02-08-2017 2/2 giver. There is no specific allegation against petitioner No. 4 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Shankarpur P.S. Case No. 18 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Madhepura, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners.
(Sanjay Priya, J) S.Ali/- U T