Ramesh Mandal And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.51797 of 2017 (2) dt.03-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51797 of 2017 Arising Out of PS.Case No. -16 Year- 2014 Thana -GAMAHARIYA District- MADHEPURA ======================================================
1. Ramesh Mandal, Son of Nandelal Mandal
2. Bandelal Mandal, Son of Late Khurkhuri Mandal, Both are Resident of Village-Dhunha, P.S.-Gamhariya, District-Madhepura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Gamhariya P.S. Case No. 16 of 2014, registered under Sections 147, 149, 341, 447, 504, 324, 307, 380, 427 and 323 of the Indian Penal Code.
The accusation is that Buchan Mallah, Ranjit Kumar, Arjun Mukhiya and Jangal Mukhia came at the door of the informant, Surat Lal Sah and asked to give the money as the same was fixed in Penchayat then informant replied that a case has already been instituted against his son, so that he will pay the money to the Panchayat. In the meantime, eight persons named in the F.I.R. including the petitioners started to abuse. At that time,
Patna High Court Cr.Misc. No.51797 of 2017 (2) dt.03-11-2017 petitioners along with others started to cause assault and forcibly took cow, she-goat and cash of Rs.51,000/- and ornaments from the box of the informant.
Learned counsel for the petitioners submits that petitioners are named in the F.I.R. with general allegation of causing assault and carrying the cow and she-goat of the informant. In fact, son of the informant enticed away the wife of co-accused, Jangli Mukhiya, regarding which, Panchayati was arranged, in which, petitioners were also the members of Panchayat, but only to give undue pressure the present case has been lodged with false allegation.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 A.C.J.M.-I, Madhepura, in connection with Gamhariya P.S. Case No. 16 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T