Ratneshwar Mandal And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37353 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -SURSAND District- SITAMARHI ======================================================

1. Ratneshwar Mandal Son of Late Ramhit Mandal

2. Navin Mandal, Son of Ratneshwar Mandal,

3. Inder Devi @ Inar Devi, Wife of Ratneshwar Mandal, all residents of village- Bara, P.S.- Sursand, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Smt.Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-09-2015 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code. Prosecution case is that petitioner no. 1 namely Ratneshwar Mandal with garasa, petitioner no. 2 Navin Mandal with spear and petitioner no. 3 namely Inder Devi @ Inar Devi assaulted with lathi to the informant. It is alleged that petitioner no. 1 and petitioner no. 3 also assaulted Shambhu Rai whereas petitioner no. 2 also assaulted Sanjay Rai with spear, causing injury.

It is submitted by the learned counsel for the petitioners that no injury was caused to anyone. Statement to

Patna High Court Cr.Misc. No.37353 of 2015 (2) dt.16-09-2015 that effect has been made in para-9 of the petition. There is counter version of the occurrence. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail for two months in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sursand P.S. Case No. 29 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. If it is found that no grievous injury has been received by the informant side, then the learned court below will confirm the provision bail of the petitioners, otherwise petitioner shall surrender and pray for regular bail. (Dinesh Kumar Singh, J) P.K./- U T