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Patna High CourtCR. MISC./38597/2022bail granted

Guddar Mandal v. The State Of Bihar

2022-09-22Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38597 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- AMDABAD District- Katihar ====================================================== 1.

GUDDAR MANDAL Son of Late Umesh Mandal Resident of village - Lalbathani, P.S.- Amdabad, District - Katihar. 2.

Kuldeep Mandal Son of Guddar Mandal Resident of village - Lalbathani, P.S.- Amdabad, District - Katihar.

3.

Sanjay Mandal @ Sanjay Kumar Mandal Son of Guddar Mandal Resident of village - Lalbathani, P.S.- Amdabad, District - Katihar. 4.

Pinki Devi Wife of Kuldeep Mandal Resident of village - Lalbathani, P.S.- Amdabad, District - Katihar.

5.

Oniya Devi Wife of Guddar Mandal Resident of village - Lalbathani, P.S.- Amdabad, District - Katihar.

6.

Surti Devi Wife of Atul Mandal Resident of village - Lalbathani, P.S.- Amdabad, District - Katihar.

7.

Urmila Devi @ Parmila Devi Wife of Ratan Mandal Resident of village - Lalbathani, P.S.- Amdabad, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the State : Mr.Surendra Kumar For the Informant :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-09-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. At the outset, the learned counsel for the petitioners have submitted that petitioner no. 3, Sanjay Mandal has been

Patna High Court CR. MISC. No.38597 of 2022(2) dt.22-09-2022 2/3 arrested and, as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this bail petition with respect to petitioner no. 3.

In view of the above submission, this petition is dismissed as withdrawn with respect to petitioner no. 3. So far as rest petitioners are concerned, they apprehend their arrest in connection with Amdabad P.S. Case No. 86 of 2022, registered for the offence under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. As per allegation, the FIR named accused persons assaulted the husband of the informant.

The learned counsel for the petitioners has submitted that the specific allegation of inflicting assault on the head of husband of the informant is on petitioner no. 3 Sanjay Mandal, who has been arrested and his anticipatory bail petition has been withdrawn. So far as other petitioners are concerned, the allegation is general and omnibus and they are the persons of clean antecedents.

Considering the above-mentioned facts and circumstances, the petitioners above-named except petitioner no. 3, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail

Patna High Court CR. MISC. No.38597 of 2022(2) dt.22-09-2022 3/3 bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No. 86 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T