Mahabir Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49999 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- JOGBANI District- Araria ======================================================
1. Mahabir Mandal, son of Late Laxman Mandal,
2. Ganpat Mandal, son of Late Laxman Mandal,
3. Bablu Mandal, son of Mahabir Mandal,
4. Shibu Mandal, son of Ganpat Mandal, All are resident of Village- Baijnathpur Pipra, Ward No. 02 P.S. Jogbani, DistrictAraria. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh For the Opposite Party/s :
Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Jogbani P.S. Case no. 56 of 2018, registered under Sections 447, 341, 323, 324, 307, 354-B, 379, 504 and 506/34 of the Indian Penal Code.
The accusation is that on 28.02.2018 at about 7.00 P.M., petitioners came at the house of informant Mamta Devi and started abusing, when informant made protest then she was assaulted by them. On raising alarm, her husband Upendra Giri and son Prince Kumar rushed to save her then Mahabir Mandal caused injury to her husband by means of bamboo as a result
Patna High Court Cr.Misc. No.49999 of 2018(2) dt.20-09-2018 2/2 whereof, her husband fell down. The son of the informant was also assaulted through Farsa by Bablu Mandal. At that time, petitioner No.1 snatched silver chain and Payal from the neck and legs of the informant.
Learned counsel for the petitioners submits that, in fact, due to land dispute, hot talks were exchanged between the petitioners and informant, but with ulterior motive the informant lodged the present case. Moreover, the injuries found on the person of informant as well as her husband and son are of simple in nature. The 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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No. 56 of 2018, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T