Lalan Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26476 of 2024 Arising Out of PS. Case No.-25 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== Lalan Kumar Mandal, aged about 58 years, Gender-Male, son of Gulab Mandal, resident of village- Susari, P.S.-Baheri, Distt.-Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Baheri PS Case No.25 of 2022 dated 29.01.2022, instituted under Sections 341, 342, 447, 323, 325, 379, 354-B, 504, 506/34 of the Indian Penal Code.
3. It is alleged that on the date of occurrence the petitioner along with other accused came at the door of the informant and started abusing her. On the order of the petitioner, all other accused persons assaulted the informant with lathi, danda and rod. It is further alleged that the petitioner tore the blouse of the informant and co-accused Gulab Mandal tried to outrage her modesty. They took out rupees thirty thousand which was kept in the box and also the ornaments worth rupees one lakh.
Patna High Court CR. MISC. No.26476 of 2024(2) dt.01-05-2024 2/2
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. As per the prosecution case, the petitioner is the order giver and on his direction other accused persons assaulted her. There is general and omnibus allegation against the petitioner and others. Further submission is that there is case and counter case between the parties. The informant has filed Baheri PS Case No.45 of 2022 against the informant and his family members. It is further submitted that the petitioner has one criminal case pending against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, 7th, Darbhanga, in Baheri PS Case No.25 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T