Patna High CourtCR. MISC./70584/2018allowed

Pramod Mandal And ORS v. State Of Bihar And ANR

2019-05-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70584 of 2018 Arising Out of PS. Case No.-257 Year-2017 Thana- COMPLAINT CASE District- Araria ======================================================

1. Pramod Mandal

2. Tuleshwar Mandal Both Son of Late Baudhi Mandal

3. Amarjit Mandal Son of Tuleshwar Mandal All are R/o- village- Laxmipur Mandal Tola, Ward No. 11, P.S.- Raniganj, District- Araria.

... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Pranave Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 257 of 2017 for the offence punishable under Sections 448, 354B and 323 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the complaint has been lodged after lapse of two months from the date of occurrence which creates doubt over the

Patna High Court CR. MISC. No.70584 of 2018(5) dt.03-05-2019 2/2 prosecution version. Moreover, the notice has been issued to O.P. No.2 but she has not appeared as yet. The petitioners have falsely been implicated in this case. Hence, the petitioners may be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the, above named, petitioners in the event of surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Araria in connection with Complaint Case No. 257 of 2017 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) brajesh/- U