Udal Mandal And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39443 of 2015 Arising out of PS.Case No. -332 Year- 2015 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Udal Mandal, S/o Late Maksudan Mandal.

2. Sanji Mandal @ Sanjit Mandal, S/o Late Masudan Mandal.

3. Chandrakala Devi, W/o Udai Mandal. All residents of village - Murli, P.S. Kishanpur, District - Supaul.

4. Arti Devi, D/o Udal Mandal, W/o Shankar Mandal, residence of village - Motipur, P.S. Raghopur, District - Supaul.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Lalo Devi, W/o Raj Kumar Ram, residence of village - Murli, P.S. Kishanpur, District - Supaul.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioners : Mr. Gopal Kumar Jha, Advocate. For the State : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Complaint Case No. 332C/2015 for the offences instituted under Sections 147, 323, 452, 380, 504 of the IPC and 3(1)(iii)(xi) of the SC/ST (Prevention of Atrocities) Act.

The prosecution story, in brief, is that all the accused persons who are petitioners before this Court and other co-accused cut and damaged her wheat crop for which the complainant raised protest. Thereafter, all the accused persons forming an unlawful

Patna High Court Cr.Misc. No.39443 of 2015 (2) dt.28-09-2015 2/2 assembly entered into her house, abused naming her caste and brutally assaulted her. They further snatched her belongings and took away clothes and other articles from her house. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that the petitioners have falsely been implicated in the present case. No offence under Section SC/ST Act is attracted as the alleged occurrence is said to have taken place inside the house. On behalf of the State it has been submitted that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Complaint Case No. 332C/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T