Naresh Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23460 of 2015 Arising out of PS.Case No. -237 Year- 2013 Thana -RIGA District- SITAMARHI ======================================================
1. Naresh Mandal.
2. Brij Kishore Mandal @ Brij Kishore. Both sons of Nandu Mandal resident of village - Kharsan, P.S. Riga, District - Sitamarhi. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Pushpendra Kumar Singh, Advocate. For the Opposite Party : Mr. Uday Chandra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2015 The petitioners are languishing in custody since 10.03.2015 in connection with Riga P.S. Case No. 237 of 2013 for the offences instituted under Sections 147, 148, 149, 341, 302, 323, 325 and 504 of the I.P.C.
Heard learned counsel for the petitioners and learned counsel for the State.
The prosecution story, in brief, is that on the date of occurrence, the petitioner Naresh Mandal started abusing the husband of the informant. He protested whereupon the petitioner Naresh Mandal called other accused persons, they arrived armed with Lathi, Danda and assaulted the husband of the informant. The
Patna High Court Cr.Misc. No.23460 of 2015 (3) dt.12-08-2015 2/3 petitioner Naresh Mandal told to kill him, on which, the coaccused persons Suresh Mandal and Hari Kishore Mandal threw the husband of the informant on the ground and other accused persons assaulted her husband on his chest and stomach and he became unconscious. The informant alongwith her daughter Rubi Kumari rushed to rescue her husband then they were also assaulted by the accused persons. The informant sustained injury on her left shoulder and on other parts of her body. Villager Sunil Sharma, who came to save the husband of the informant, also sustained injury on his right ear with lathi. On arrival of the villagers, accused persons fled away. The informant brought her husband to the hospital where he was declared dead. It has been submitted on behalf of the petitioners that the petitioners are in custody since 10.03.2015 and the charge sheet has been submitted in the present case. As per allegation, the petitioners are the order giver. It is further submitted that no injury is attributed against the petitioners.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the
Patna High Court Cr.Misc. No.23460 of 2015 (3) dt.12-08-2015 3/3 like amount each to the satisfaction of the learned C.J.M., Sitamarhi, in connection with Riga P.S. Case No. 237 of 2013. U.K./- (Sudhir Singh, J) U T