Mithilesh Kumar Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39823 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- ISMILEPUR District- Bhagalpur ======================================================

1. Mithilesh Kumar Mandal,

2. Sajan Kumar Mandal Both Sons of Rudal Mandal, R/o Vill.- Telia Bathan, P.S.- Pasraha, Distt.- Khagaria.

3. Chandan Kumar Mandal S/o Awadhesh Mandal, R/o Vill.- Navtolia, P.S.- Pasraha, Distt.- Khagaria.

4. Ramanand Mandal S/o Late Brahmdeo Mandal, R/o Vill.- Jhowa Baihiyar, P.S.- Bariyarpur, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Ghosarvey For the Opposite Party/s :

Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Ismailpur P.S. Case No. 14 of 2018 registered for the offence punishable under Sections 364, 365, 366A and 34 of the Indian Penal Code.

Informant is the sister-in-law of own brother of petitioners and she has stated in the fardbeyan recorded by the police that on 04.05.2018 Sajan Kumar Mandal was taking her to her uncle's residence and she was apprehended by the police in the way. The statement of victim has been recorded

Patna High Court Cr.Misc. No.39823 of 2018(2) dt.11-07-2018 2/2 under Section 164 of the Cr.P.C. and she has not made any allegations against the petitioners and she has only stated that she was going on motorcycle alongwith petitioner No. 2 then he tried to snatch the mobile while she was talking to her sister and by that time police jeep was passing nearby and thereafter the police apprehended the petitioners. It has been submitted that petitioners have no criminal antecedent and they have been falsely implicated in this case by the police because of some altercation between the petitioners and police. The contents made in FIR has not been supported by the victim in her statement before the Magistrate under Section 164 of Cr.P.C. Petitioners are in custody since 05.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Naugachia, Bhagalpur, in connection with Ismailpur P.S. Case No. 14 of 2018.

(S. Kumar, J) veena/- U T