Raju Mandal @ Rajendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44784 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

RAJU MANDAL @ RAJENDRA MANDAL Son of Late Baldeo Mandal Resident of Village- Shahpur Naya- Tola, P.S.- Ghogha, District- Bhagalpur. 2.

Jaya Devi Wife of Raju Mandal @ Rajendra Mandal Resident of VillageShahpur Naya- Tola, P.S.- Ghogha, District- Bhagalpur. 3.

Manoj Mandal Son of Raju Mandal @ Rajendra Mandal Resident of Village- Shahpur Naya- Tola, P.S.- Ghogha, District- Bhagalpur. 4.

Janardan Mandal Son of Raju Mandal @ Rajendra Mandal Resident of Village- Shahpur Naya- Tola, P.S.- Ghogha, District- Bhagalpur. 5.

Jitan Mandal @ Jitendra Kumar Son of Raju Mandal @ Rajendra Mandal Resident of Village- Shahpur Naya- Tola, P.S.- Ghogha, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kahalgaon (Ghogha) P.S. Case No.206 of 2019 registered under Sections 341, 323, 337, 338, 448, 307 and 504/34 of the Indian Penal Code.

The accusation is that the petitioner nos.1, 3 and 4 came at the house of the informant and made complaint as to why he has beaten their goat, then the informant replied that he

Patna High Court CR. MISC. No.44784 of 2019(2) dt.22-07-2019 2/3 has not beaten their goat. Thereafter, the petitioner nos.1, 3 and 4 started to cause assault to the informant through lathi and danda. In the meantime, Sulekhan Yadav, the brother of the informant, rushed to save the informant, then he was also assaulted by them, due to which, the informant and his brother sustained injury on their head. At that time, the petitioner no.5 and the petitioner no.2 started to commit 'Maar-Peet" with bricks and stones, due to which the informant, his brother and mother Kari Devi also sustained injury.

Learned counsel for the petitioners submits that due to grazing of the crops by the goat of the petitioners, hot exchange of words took place between the parties but with an ulterior motive, the informant has lodged the present case. Moreover, the injury as found on the person of the informant is simple in nature and no injury was found on the person of the brother and mother of the informant.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Patna High Court CR. MISC. No.44784 of 2019(2) dt.22-07-2019 3/3 Bhagalpur, District-Bhagalpur, in connection with Kahalgaon (Ghogha) P.S. Case No.206 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T