Muni Lal Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43218 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Muni Lal Mandal, son of Late Bachche Lal Mandal

2. Dukhi Mandal, son of Late Bachche Lal Mandal

3. Prabhu Kumar @ Prabhu Mandal, son of Rameshwar Mandal

4. Garbhu Mandal, son of Rameshwar Mandal All are resident of VillageGidrahi, P.S.- Pipra, District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Supaul (Mahila) P.S. Case No. 21 of 2016, disclosing offences under Sections 341, 323, 354B, 307, 379, 504 and 506/34 of the Indian Penal Code and Section 3/4 of the Witch Craft Practice Act.

Learned counsel for the petitioners has submitted that animosity between the parties is an admitted fact. He has submitted that cases have been lodged by both sides. He has also submitted that there is allegation against co-accused Rameshwar Mandal of giving a blow with a rod on the head of the daughter-inlaw of the informant. So far these petitioners are concerned, the allegation is that they had tied a plastic rope around the neck of the

Patna High Court Cr.Misc. No.43218 of 2016 (2) dt.25-10-2016 2/2 informant's daughter-in-law. Learned counsel for the petitioners has submitted that the injury report does not corroborate the allegations made in the First Information Report. Considering the genesis of occurrence and submissions so advanced, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul (Mahila) P.S. Case No. 21 of 2016, subject to the conditions 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) Vats/-c U