Dhananjay Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75553 of 2018 Arising Out of PS. Case No.-162 Year-2018 Thana- DHURAIYA District- Banka ======================================================

1. Dhananjay Mandal, Son of Late Baijnath Mandal,

2. Rampyari Devi, Wife of Dhananjay Mandal, Both are resident of VillageAhiro, P.S. Dhoraiya, District- Banka. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2019 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 504 and 506/34 of the Indian Penal Code.

The prosecution case as per the written report of Punam Devi submitted to SHO, Dhoraiya Police Station is to the effect that on 09.08.2018 the informant and her daughter Arti Kumari were in her house, in the meantime the accused person including the petitioners entered into her house and began abusing. It is further alleged that petitioner no. 1, Dhananjay Mandal and coaccused Anand Mandal caught hold of the hand of the informant's daughter and pushed her on the ground. When

Patna High Court Cr.Misc. No.75553 of 2018(2) dt.16-01-2019 2/3 protest was made by the informant, she was also assaulted by the petitioners. It is further alleged that Vikram Mandal son of petitioner no.1, Dhananjay Mandal forwarded indecent and vulgar messages regarding the daughter of the informant, to her prospective husband, with a view to break her proposed marriage.

It is submitted by learned counsel for the petitioners that for the occurrence of 09.08.2018, FIR was registered on 11.08.2018. It is further submitted that in the background of previous land dispute, the accusation has been levelled against the petitioners. There is no medical report brought on record to suggest that the injuries caused to the informant side corroborated with the accusation. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation against the petitioners.

Considering the delayed lodging of the case, the accusation not being corroborated with the medical opinion, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a

Patna High Court Cr.Misc. No.75553 of 2018(2) dt.16-01-2019 3/3 period of 12 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 learned JM-1st Class, Banka in connection with Dhoraiya, P.S. Case No. 162 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T