Balmiki Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37118 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

BALMIKI MANDAL Son of late Mohan Mandal @ Pawan Mandal Resident of Village - Shivrampur, P.S.- Shahkund, Dist.- Bhagalpur. 2.

Pawan Mandal Son of Sugreev Mandal Resident of Village - Shivrampur, P.S.- Shahkund, Dist.- Bhagalpur.

3.

Anuj Mandal Son of Sugreev Mandal Resident of Village - Shivrampur, P.S.- Shahkund, Dist.- Bhagalpur.

4.

Anjan Mandal @ Anjan Kumar Son of Sugreev Mandal Resident of Village - Shivrampur, P.S.- Shahkund, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Shahkund P.S. Case No. 50 of 2019, disclosing offences under Sections 341, 323, 376 and 120-B/34 of the Indian Penal Code. There is allegation against the co-accused Saurav Kumar of having physically exploited the informant under the inducement of marriage. Petitioner no.1 is the father of the said Saurav Kumar, whereas other petitioners are members of the family.

Learned counsel, appearing on behalf of the

Patna High Court CR. MISC. No.37118 of 2019(2) dt.19-06-2019 2/2 petitioners, has submitted that general and omnibus allegation against these petitioners of assault is ornamental in nature. I find substance so advanced on behalf of the petitioners.

In the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned SDJM, Bhagalpur in connection with Shahkund P.S. Case No. 50 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T