Sajan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41360 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- KHARHAGPUR District- Munger ====================================================== 1.

SAJAN MANDAL Son of Sukh Lal Mandal 2.

Rinki Devi Wife of Sajan Mandal Both are Resident of Village-Naki, P.S.-Shayampur Haveli, Kharagpur, District-Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-09-2019 The petitioners apprehend their arrest in connection with Kharagpur (Shyampur) P. S. Case No. 112 of 2019 registered under Sections 307, 341 and 379/34 of the Indian Penal Code. Allegation against the petitioners, as per FIR, is that petitioner no. 1 assaulted the informant by means of Farsa and petitioner no. 2 has assaulted the husband of the informant by means of rod.

Learned counsel appearing on behalf of the petitioners submits that petitioner no. 1 is elder brother of the husband of the informant and petitioner no. 2 is wife of petitioner no. 1 and both parties are related and there is land dispute between them. Learned counsel further submits that there is case and counter case in between the parties inasmuch as Kharagpur (Shyampur) P.S.Case No. 112 of 2019 has been lodged against the informant and others

Patna High Court CR. MISC. No.41360 of 2019(4 ) dt.20-09-2019 2/2 by the petitioner no. 1. Learned counsel, referring Annexure-3, which is injury report of the informant, submits that injuries caused to him is not serious in nature and it appears from perusal of the same that informant has received lacerated wound whereas allegation of assault upon her is by sharp cutting weapon. Having regard to the submissions made by the parties and taking into consideration the fact that both parties are close relatives and there is case and counter case between the parties due to land dispute as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM, Munger in connection with Kharagpur (Shyampur) P.S.Case No. 112 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T