Jugal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29561 of 2022 Arising Out of PS. Case No.-230 Year-2021 Thana- AMDABAD District- Katihar ====================================================== 1.
JUGAL MANDAL SON OF BHOPAL MANDAL RESIDENT OF BAKHARGANJ , P.S- AMDABAD , DIST- KATIHAR 2.
ANIMA DEVI WIFE OF JUGAL MANDAL RESIDENT OF BAKHARGANJ , P.S- AMDABAD , DIST- KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, petitioner no. 2 is a woman and the informant alleges that in the night of 05.11.2021, accused persons, including the petitioners, assaulted the informant and Jugal Mandal by a sickle causing injury on head.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.29561 of 2022(2) dt.16-11-2022 2/3 petitioners have been falsely implicated in the present case, it is next submitted that petitioner no. 1 and informant are own brothers and petitioner no. 2 is wife of petitioner no. 1 and on account of dispute relating to property, the petitioners have been falsely implicated.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that even if the informant and petitioners are related that also does not give right to the petitioner to assault with such force which caused grievous injury and that too on vital part of the body of the victim.
Learned counsel for the petitioners rebuts the submission of the learned A.P.P and submits that as far as petitioner no. 2 is concerned, the allegation against her is general and omnibus in nature and is a woman. Considering the submissions made by learned counsel for the petitioner, the petitioner no. 2, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in
Patna High Court CR. MISC. No.29561 of 2022(2) dt.16-11-2022 3/3 connection with Amdabad P.S. Case No. 230 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. As far as petitioner no. 1 is concerned, the Court is not inclined to grant privilege of anticipatory bail to him. His prayer for anticipatory bail is hereby rejected. (Satyavrat Verma, J) Rishabh/- U T