Sanjay Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21626 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Sanjay Mandal son of Late Masudan Mandal.

2. Pravin Kumar son of Brahmdeo Mandal. Both resident of village:- Sakhikura, P.O.- Kharainch, P.S.- Khaira, District:- Jamui. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ram Sumiran Rai, Advocate.

For the Opposite Party : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-07-2015 Heard both sides.

The petitioners apprehend their arrest in Khaira P.S. Case No. 43 of 2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. Murari Krishna Mandal is alleged to have been assaulted by Sanjay Mandal who is alleged to be assaulting his wife. Pravin Kumar petitioner no. 2 is alleged to have assaulted Tripurari Mandal, the brother of the informant. It is submitted that there is counter version. Sanjay Mandal also lodged the case against the informant and others. From perusal of the injury report, it appears that Babita Devi wife of Sanjay Mandal got simple injury similarly the informant Murari Krishna Mandal also got simple injuries but

Patna High Court Cr.Misc. No.21626 of 2015 (2) dt.08-07-2015 2/2 Tripurari Mandal, the brother of the informant got one cut on right side of head and the injury is opined to be grievous in nature. The author of the aforesaid injury is Pravin Kumar the petitioner no. 2. Considering the facts aforesaid, I am not inclined to enlarge the petitioner no. 2 Pravin Kumar on anticipatory bail. Accordingly, the same is rejected.

So far as the case of petitioner no. 1 Sanjay Mandal is concerned, he is the assailant of Murari Krishna Mandal who received simple injury accordingly, the petitioner no. 1, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri U.K. Pandey, the learned Judicial Magistrate, 1st Class, Jamui in Khaira P.S. Case No. 43 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T