Binay Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56432 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Binay Mandal son of Jagdish Mandal

2. Karuna Devi, Wife of Binay Mandal, ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 380, 120B, 354, 452, 307, 504 and 506 of the Indian Penal Code. The prosecution case is that the petitioners entered into the house of the informant Rubi Devi and assaulted her. It is further alleged that petitioner snatched gold chain, gold ear-ring and other articles from the informant.

It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled whereas petitioner no.2 Karuna Devi, at earlier point of time, lodged Piri Bazar P.S. Case No.40/2012, levelling accusation under sections 446/442/284/420/307 of the Indian Penal Code.

It is submitted by learned counsel for the informant that one of the injuries of the informant's side has been found to be grievous.

Patna High Court Cr.Misc. No.56432 of 2015 (2) dt.11-12-2015 2/2 Considering the fact that petitioner no.2 Karuna Devi is a lady, though, accusation of assault has been levelled against both the petitioners and the case lodged by her at earlier point of time, let she be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Lakhisarai in connection with Piri Bazar P.S. Case No.1/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as petitioner no.1, Binay Kandal is concerned, since one of the injury has been found to be grievous, let the learned Court below consider his prayer for regular bail keeping in view of the fact that for a petty dispute the occurrence took place, if the petitioner surrenders within a period of six weeks in connection with Piri Bazar P.S. Case No.1/2015, pending before the learned SDJM, Lakhisarai.

With the above observation, this application, so far as it relates to petitioner no.2 is, accordingly, disposed off. (Dinesh Kumar Singh, J) Ashwini/- U T