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Patna High CourtCR. MISC./45549/2017allowed

Mantu Mandal And ANR v. The State Of Bihar

2017-09-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45549 of 2017 Arising Out of PS.Case No. -478 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Mantu Mandal, S/o Azad Mandal,

2. Tungru Mandal, S/o Azad Mandal, Both are resident of Village- Garhi Bishanpur, P.S. Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-09-2017 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no. 2, since during the pendency of this application, he has been arrested. Such permission is accorded.

Accordingly, the application of petitioner no.2 Tungru Mandal is dismissed as withdrawn.

Heard learned counsel for the petitioner no.1 Mantu Mandal and the learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Lakhisarai P.S. Case No. 478 of 2015 registered under Sections 307, 328, 302, 120B and 34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that the complaint case is filed after three months of the

Patna High Court Cr.Misc. No.45549 of 2017 (2) dt.21-09-2017 2/2 alleged occurrence. Further submission is that in paragraph 18 of the case diary, it appears that the informant had lodged an U.D. Case, in which he did not mention the name of any person. Having considered the facts and circumstances of the case, let the petitioner no. 1 Mantu Mandal, be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Lakhisarai in connection with Lakhisarai P.S. Case No. 478 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T