Mohan Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26769 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -HARLAKHI District- MADHUBANI ======================================================
1. Mohan Mandal, son of Late Ram Bir Mandal
2. Sujit Mandal, Son of Sri Mohan Mandal
3. Sunil Mandal, son of Sri Mohan Mandal All residents of Village- Bithar Bhakta Tol, Police Station- Harlakhi, District- Madhubani.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Harlakhi P.S. Case No.35 of 2016, registered for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners and informant are own agnates and dispute arose with respect to cutting of grass in the field, which led to free fight from both the side.
From the FIR, it appears that Sunil Mandal, petitioner No.3 has inflicted Farsa blow on the head of the
Patna High Court Cr.Misc. No.26769 of 2016 (2) dt.04-07-2016 2/2 informant and Mohan Mandal, petitioner No.1 forcibly took the informant in the house and brutally assaulted her by lathi. Looking to the nature of allegation and the facts and circumstances of the case, let the petitioner No.2-Sujit Mandal, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Benipatti, Madhubani, in connection with Harlakhi P.S. Case No.35 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
So far as the bail application of petitioner No1Mohan Mandal and Petitioner No.3-Sunil Mandal are concerned, the same is rejected.
(Shivaji Pandey, J) pawan/- U T