Yoganand Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26754 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Yoganand Mandal son of Late Ram Prasad Mandal

2. Heera Devi wife of Yoganand Mandal

3. Most Sanjha Devi wife of Late Ram Prasad Mandal

4. Suman Kumari Daughter of Yoganand Mandal All resident of Village Ghat Chikni, Police Station- Kursakanta, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar, Adv. For the State : Mr. Akshay Lal Pandit, APP For the Informant : Mr. Anil Kumar Mishra, Adv. Mr. Ram Prakash Dwivedi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2016 Heard learned counsel for the petitioners and counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Kursakanta P.S. Case No. 38 of 2016 for offence under Sections 341, 323, 324, 354A, 307, 379, 504/34 of the Indian Penal Code.

An allegation has been made that the Informant was returning to his home with the cattle. On the way, the accused persons brutally assaulted him with Lathi and spade. Specific allegation has been made against the petitioner no.1, Yoganand Mandal to have assaulted the wife and son of the Informant. There

Patna High Court Cr.Misc. No.26754 of 2016 (2) dt.01-07-2016 is no specific allegation against the rest of the petitioner nos. 2, 3 & 4.

Accordingly, the prayer for anticipatory bail of the petitioner no.1, namely, Yoganand Mandal is rejected. Looking to the entire facts and circumstances of the case, let the petitioner nos. 2, 3 & 4, namely, Heera Devi, Most. Sanjha Devi and Suman Kumari, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Araria in connection with Kursakanta P.S. Case No. 38 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been cancelled. (Shivaji Pandey, J) Rishi/- U T