Chhotu Kumar Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61275 of 2018 Arising Out of PS. Case No.-219 Year-2018 Thana- RAJAON District- Banka ======================================================

1. Chhotu Kumar Mandal son of Babulal Mandal

2. Sushma Devi wife of Chhotu Kumar Mandal

3. Babulal Mandal son of late Anuplal Mandal

4. Anil Mandal son of late Anuplal Mandal

5. Sudarshan Kumar Mandal @ Sudarshan Kumar son of Anil Mandal

6. Abhilasha Devi @ Abhilasha Kumari wife of Sudarshan Kumar Mandal @ Sudarshan Kumar

7. Ashish Kumar Mandal @ Ashish Kumar son of Anil Mandal

8. Sheela Devi @ Sheela Kumari wife of Anil Mandal

9. Saurav Kumar son of Anil Mandal, all resident of village Kafayatpur, P.S. Rajoun, District Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted the informant by means of lathi and khanti on his head, due to which he sustained injuries. The accused persons also assaulted the informant's mother and brother. It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.61275 of 2018(3) dt.28-11-2018 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. case No.219 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T