Fulchand Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10445 of 2016 Arising Out of PS.Case No. -27 Year- 2015 Thana -MAHILA P.S. District- BHAGALPUR ======================================================
1. Fulchand Mandal Son of Late Baldeo Mandal,
2. Mina Devi @ Kari Devi, Wife of Fulchand Mandal, null
3. Nisha Devi @ Nisha Kumari, Wife of Pankaj Mandal, All are resident of village - Nayatola, Olapura, P.S. - Ghogha, District - Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tarun Prasad Mandal, Adv. For the Opposite Party/s : Mr. J.N. Thakur (App) For the informant : Mr. Devendra Kr. Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents and sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 448, 354B, 498A and 323 and 506/34 of the Indian Penal Code. The basic accusation is of torture and outraging the modesty of the informant.
It is submitted by learned counsel for the petitioners that the husband of the informant filed Title Suit No. 606 of 2014 against petitioner no.1 and in that background the accusation has been levelled.
It appears that the learned Sessions Judge disposed of
Patna High Court Cr.Misc. No.10445 of 2016 (2) dt.04-04-2016 2/2 the anticipatory bail application of the petitioner in view of the ratio laid down in the case of Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015
(3) PLJR, 806 (Cr. Misc. No. 51075 of 2014) since only the summons were issued.
Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Mahila P.S. Case No. 27 of 2015 pending in the court of learned SDJM, Bhagalpur. It is expected from the learned court below to dispose of the regular bail application of the petitioners preferably on the same day.
Accordingly, the application is disposed of.
(Dinesh Kumar Singh, J) Amrendra/- U T