Parmeshwar Mandal @ Prameshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29772 of 2023 Arising Out of PS. Case No.-142 Year-2019 Thana- ANDHRAMATH District- Madhubani ====================================================== PARMESHWAR MANDAL @ PRAMESHWAR MANDAL, Son of Late Asharfi Mandal Resident of village-Dumra, P.S.-Andhramath, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-07-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in connection with Andhramath P.S. Case No. 142 of 2019 registered for the offence punishable under Sections 341, 323, 324, 308, 354, 427, 504, 506 and 34 of the Indian Penal Code. 3.

It is alleged that when the informant was at her courtyard, the accused persons reached there and assaulted her. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Injuries sustained by informant are simple in nature. There is pending title suit (T.S. No. 75 of 2015) between the parties. Therefore, repeated FIRs are being lodged. Co-accused persons

Patna High Court CR. MISC. No.29772 of 2023(2) dt.14-07-2023 2/3 have been allowed bail in Cr. Misc No. 7233 of 2023. 5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the rival submissions, claim based on parity and nature of injury to be simple, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail. 7.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 142 of 2019, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if

Patna High Court CR. MISC. No.29772 of 2023(2) dt.14-07-2023 3/3 he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T