Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32378 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.
Rekha Devi Wife of Rabindra Kumar Mandal Resident of Village - Bhuwalpur, P.S.- Nathnagar, District- Bhagalpur 2.
Rabindra Kumar Mandal Son of Late Ganga Mandal Resident of Village - Bhuwalpur, P.S.- Nathnagar, District- Bhagalpur 3.
Laxmikant Mandal @ Luxhmikant Mandal Son of Late Ayodhya Mandal Resident of Village - Bhuwalpur, P.S.- Nathnagar, District- Bhagalpur 4.
Narendra Kumar Son of Late Ayodhya Mandal Resident of Village - Bhuwalpur, P.S.- Nathnagar, District- Bhagalpur 5.
Chandan Mandal Son of Jyotish Mandal Resident of Village - Bhuwalpur, P.S.- Nathnagar, District- Bhagalpur 6.
Subhash Mandal Son of Mohan Mandal Resident of Village - Bhuwalpur, P.S.- Nathnagar, District- Bhagalpur 7.
Arbind Kumar Mandal Son of Mohan Mandal Resident of Village - Bhuwalpur, P.S.- Nathnagar, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar For the Opposite Party/s :
Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-05-2019 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Nathnagar P.S. Case No. 81 of 2019 registered for the offence punishable under Sections 341, 323, 354(B), 324, 379, 504 and 506/34 of the Indian Penal Code.
General meeting was convened regarding
Patna High Court CR. MISC. No.32378 of 2019(2) dt.16-05-2019 2/3 appointment of Anganwari Sevika. Daughter-in-law of the informant, namely, Sulochna Kumari was one of the aspiring candidate for the said post. Petitioner Rabindra Kumar Mandal abused his son Sanjeev Kumar uttering that appointment of Sulochna Kumari will not be made. On protest made by the informant, all the petitioners assaulted the informant and his son. Rabindra Kumar Mandal assaulted on the head of the informant by means of iron rod while Narendra Kumar Mandal assaulted on the cheek of his son my means of khanti. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in this case. Earlier to the case under hand, petitioner Laxmikant Mandal has lodged Nath Nagar P.S. Case No.
80 of 2019 against the informant and others and in order to save his skin from the said case, the informant has filed this false and frivolous case against the petitioners and as per the impugned order itself, no injury report of the victim has been brought on record. Allegation levelled against other petitioners barring Rabindra Kumar Mandal and Narendra Kumar is not specific rather general and omnibus. Petitioners have no criminal antecedent.
On the other hand, learned APP opposed the bail prayer of
Patna High Court CR. MISC. No.32378 of 2019(2) dt.16-05-2019 3/3 the petitioners.
In 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 six 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 learned A.C.J.M.-I, Bhagalpur in connection with Nathnagar P.S. Case No. 81 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) rohit/- U T