Suresh Mandal And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38811 of 2014 Arising out of PS.Case No. -289 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Suresh Mandal, son of Late Gouri Mandal.

2. Binay Mandal,

3. Vikash Mandal Petitioner Nos. 2 and 3 are sons of Chhathu Mandal.

4. Chhathu Mandal, son of Late Asharfi Mandal.

5. Shivanaranyan Mandal, son of Late Mishry Mandal. All are residents of village- Dahari Baisa, P.S. - Kahalgaon District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-03-2015 Heard the parties.

It is submitted by Mr. Devendra Kumar Pandey, learned counsel appearing on behalf of the petitioners that since petitioner no.1, namely, Suresh Mandal has been arrested hence this application was disposed of as withdrawn in so far as petitioner no.1 Suresh Mandal, is concerned vide order passed on 23.9.2014.

The petitioner nos.2 to 5 presently apprehend their arrest in connection with Kahalgaon P.S. Case No.289 of 2014 registered for the offences punishable under sections 341. 323, 504, 494, 379 and 498-A/ 34 of the Indian Penal Code. The police case has been instituted on the basis of a

Patna High Court Cr.Misc. No.38811 of 2014 (3) dt.20-03-2015 written report given by one Fulo Devi, wife of Kapil Mandal of facing harassment at the hands of the petitioners and some others. It is stated that the marriage has taken place 15 years ago and the couple are blessed with two children. It is submitted that whereas the petitioner nos.2 to 4 are Gotiyas of the husband of the informant, the petitioner no.5 is a co-villager.

Having heard learned counsel for the parties and taking note of the circumstances, let the petitioner nos. 2 to 5, namely, Binay Mandal, Vikash Mandal, Chhathu Mandal and Shivnarayan Mandal in the event of their arrest or surrender within four weeks from today be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Anwar Shamim, Judicial Magistrate 1st Class, Bhagalpur and/or the court concerned in connection with Kahalgaon P.S. Case No.289 of 2014 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. (Jyoti Saran, J) SKPathak/- U T