Manoj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31769 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

MANOJ MANDAL Son of Naryan Mandal Resident of Village - Tintanga, Diyara Zayani Das Tola, P.S.- Rangara O.P., District- Bhagalpur 2.

Kare Lal Mandal Son of Naryan Mandal Resident of Village - Tintanga, Diyara Zayani Das Tola, P.S.- Rangara O.P., District- Bhagalpur 3.

Akhilesh Mandal @ Aklesh Mandal Son of Naryan Mandal Resident of Village - Tintanga, Diyara Zayani Das Tola, P.S.- Rangara O.P., DistrictBhagalpur 4.

Naryan Mandal Son of Late Kishan Mandal Resident of Village - Tintanga, Diyara Zayani Das Tola, P.S.- Rangara O.P., District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajkumar Rajesh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Gopalpur (Rangra) P.S. Case No. 273 of 2018, registered for the offence punishable under Sections 341, 323, 504, 354B and 34 of the Indian Penal Code.

Petitioners are said to have assaulted the informant and her daughter by means of fists and tried to disrobe them by pulling their attire. They also threatened them to leave the house.

Patna High Court CR. MISC. No.31769 of 2019(2) dt.13-05-2019 2/2 It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case. Informant and petitioners are close relatives as Gotias. There is land dispute between the parties and informant has falsely implicated the petitioners in this case due to aforesaid land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. No offence under Section 354B I.P.C. is made out against the petitioners. Petitioners have no criminal antecedent.

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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, IIIrd Naugachia, Bhagalpur in connection with Gopalpur (Rangar) P.S. Case No. 273 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T