Dharmendra Mandal @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41201 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- JAMUI District- Jamui ====================================================== Dharmendra Mandal @ Dharmendra Kumar, Son Of Late Chandreswar Mandal @ Chandrashekhar Prasad @ Chandrashekhar Mandal VillageSatgama Ps Dist- Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 404, 506/ 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the petitioner assaulted Manju Devi by farsa causing injury over head and left hand.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that petitioner and the informant are own

Patna High Court CR. MISC. No.41201 of 2023(2) dt.07-08-2023 2/3 brothers and are having land dispute. It is further submitted that from the side of the petitioner also an F.I.R. has been instituted. It is next submitted that though it is alleged that Manju Devi suffered grievous injury, but the learned counsel submits that he has copy of the case diary and from perusal of the injury report, it would manifest that the wound is lacerated and the X-ray also does not even remotely suggest that there was fracture, as such, injury could not be grievous. It is thus submitted that the doctor has just opined in a mechanical manner that the injury is grievous. It is further submitted that even the impugned order records that the injury is lacerated and the injured was complaining of pain with swelling over right side of the face.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P. S. Case No.139 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.41201 of 2023(2) dt.07-08-2023 3/3

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T