Usha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6426 of 2018 Arising Out of PS.Case No. -265 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================
1. Usha Devi, Wife of Binod Mandal
2. Munna Mandal @ Sanjeev Kr. Mandal, Son of Binod Mandal
3. Suraj Kumar Mandal, Son of Binod Mandal Resident of village - Mathura West, Ward No. 12, P.S. - Narpatganj, District - Araria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 337, 325, 307, 504 and 506/34 of the Indian Penal Code.
The prosecution case got initiated with the written report of Tilanand Mandal dated 18.08.2016 submitted the Station House Officer of Narpatganj Police Station to the effect that on 16.08.2016 at 5.00 P.M. while the informant was in his field, the accused persons including the petitioners came and started abusing the informant with deadly weapon. On the
Patna High Court Cr.Misc. No.6426 of 2018 (2) dt.01-02-2018 order of co-accused Binod Mandal, petitioner no. 3 Suraj Kumar Mandal pushed the informant on the ground. Thereafter, coaccused Binod Mandal threw one kg. weight causing injury on the head, as a result, the informant fell unconscious. It is submitted by learned counsel for the petitioners that in the background of land dispute, the petitioners being the wife and sons of co-accused Binod Mandal, who is own brother of the informant, the accusation has been levelled. It is further submitted that the charge-sheet has been submitted only against co-accused Binod Mandal and investigation against the petitioners is pending. The injury has been found to be grievous, but the same has been alleged against co-accused Binod Mandal. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Considering the thrust of accusation against co-accused Binod Mandal and for the occurrence of 16.08.2016 the FIR has been lodged on 18.08.2016, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail
Patna High Court Cr.Misc. No.6426 of 2018 (2) dt.01-02-2018 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 265 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T