Fattan Mandal @ Fattan Lal Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80555 of 2018 Arising Out of PS. Case No.-106 Year-2018 Thana- SIKTI District- Araria ======================================================

1. Fattan Mandal @ Fattan Lal Mandal S/o- Devlu Mandal

2. Sunita Devi W/o- Gulabchand Mandal

3. Rukmani Devi W/o- Shunil Mandal

4. Sangit Mandal, W/o- Late Chechai Mandal

5. Archana Devi, W/o- Sangit Mandal All Resident of Village - Patara Kanakhar Ward No. 9, P.S.- Sikty, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner apprehend their arrest for the offences alleged under Sections 341, 323, 447, 504, 506, 384, 385/34 IPC registered in connection with Sikty PS Case No. 106 of 2018 (GR No. 2210 of 2018).

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties. Reference is invited to the order of the learned 3rd Additional Sessions Judge, Araria wherein it has been observed that the accusation of extortion appears to have been added to make the offence more serious. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Araria in connection with Sikty PS Case No. 106 of 2018

Patna High Court Cr.Misc. No.80555 of 2018(2) dt.22-01-2019 2/2 (GR No. 2210 of 2018) subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner no.1 shall remain physically present and petitioner nos. 2 to 5 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T