Gurudev Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58147 of 2018 Arising Out of PS.Case No. -56 Year- 2018 Thana -TIKAPATTI District- PURNIA ======================================================

1. Gurudev Mandal, S/O Late Govind Mandal.

2. Subash Mandal.

3. Abhay Mandal,

4. Mukesh Mandal @ Mukesh Kumar,

5. Bipin Mandal @ Bipin Kumar, 2 to 5 are Sons of Gurudev Mandal

6. Rambha Devi, W/o Guruev Mandal.

7. Soni Devi, W/o Subhash Mandal.

8. Sangita Devi, W/o Abhay Mandal, All are resident of Village- Dumri, P.S.- Tikapatti, District Purnea.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party : Mr. Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 149, 323, 341, 354, 307 and 506 of the IPC.

The prosecution story, in brief, is that on 16.04.2018 at about 8.00 A.M., the father of informant was removing Tatti then all F.I.R. named accused persons conspiring to each other armed with arms, started assaulting the father of the informant. Informant went to save his father then Subhash Mandal assaulted

Patna High Court Cr.Misc. No.58147 of 2018 (2) dt.08-10-2018 2/3 in the eye of informant with Khanti. Informant sustained injury below eye. Hearing the noise, Bhabhi of informant, namely, Rinku Devi also came to save the informant then all accused persons catching hair did her semi-naked and Subhash Mandal assaulted on her head with Lathi. She sustained head injury and her head fractured.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. It is case and counter case between the parties. The injuries on the side of accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. Petitioner nos. 6, 7 and 8 are ladies. On behalf of the learned counsel for 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, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Purnea, in connection with Tikapatti P.S. Case No. 56/2018,

Patna High Court Cr.Misc. No.58147 of 2018 (2) dt.08-10-2018 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T