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Patna High CourtCR. MISC./725/2017allowed

Subhas Mandal And ORS v. State Of Bihar And ANR

2017-02-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.725 of 2017 Arising Out of PS.Case No. -475 Year- 2016 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Subhas Mandal Son of Late Jagdish Mandal

2. Jagarnath Mandal Son of Late Jagdish Mandal

3. Amresh Mandal Son of Late Jagdish Mandal

4. Ashok Mandal Son of late Raja Ram Mandal

5. Shyam Sundar Mandal Son of Late Nandu Mandal

6. Douric Mandal Son of Late Narayan Mandal

7. Gurudayal Mandal Son of Rameshwar Mandal

8. Arbind Kumar Son of Subhash Mandal All are Resident of VillageDhoiyakura, Police Station-Jhajha, District-Jamui .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Complaint Case No. 475C of 2016 in which cognizance has been taken under Sections- 323, 354A of the Indian Penal Code and sections 3/4 of the Prevention of Witch (Dain) Practices Act.

It is alleged that when the complainant was sitting at her Darwaja, all the accused persons armed with Lathi, Danda, Iron rod came and abused her and assaulted her with fists and slaps. Accused Jagarnath Mandal and Arbind Mandal

Patna High Court Cr.Misc. No.725 of 2017 (3) dt.13-02-2017 2/2 pressed her neck to kill her, but on raising alarm all accused persons fled away.

Learned counsel for the petitioner submits that there is land dispute between the parties. A case was lodged by the brother of the accused, Ashok Mandal alleging therein that sons of the complainant assaulted him in which he received injury, and the complainant in order to save herself and her son has filed the present case.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate Jamui in connection with Complaint Case No. 475 C of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T