Gauri Shankar Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41493 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -HATHAURI District- SAMASTIPUR ======================================================

1. Gauri Shankar Mandal Son of Late Ram Gulam Mandal

2. Hari Shankar Mandal Son of Late Ram Gulam Mandal

3. Ram Babu Mandal Son of Late Phudi Mandal

4. Ramesh Mandal @ Ramesh Kumar Son of Late Ram Gulam Mandal

5. Raghuvar Mandal Son of Late Bharti Mandal

6. Bhola Mandal @ Sefi Kumar Mandal Son of Kapileshwar Mandal

7. Raj Kumar Mandal Son of Late Yadu Mandal

8. Leela Dhar Kumar Mandal @ Leeladhar Kumar Mandal Son of Lal Bihari Mandal

9. Lal Bihari Mandal Son of Hakaru Mandal All are resident of village - Rahtoli, P.S. Hathauri, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-10-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehends their arrest in connection with Hathauri P.S. Case No. 39 of 2016 for the offences registered under Sections 147, 149, 323, 307, 354, 379 and 504 of the Indian Penal Code and Section 3 (i) (x) of SC/ST (prevention of Atrocities) Act.

Learned counsel for the petitioners submits that no case under relevant section of the SC/ST Act is made out as apparently, the occurrence took place at the Darwaja of the informant. It is further submitted that the story is a mere distortion of the real fact as the informant's side had been uprooting vegetables from the plants belonging to the present petitioners for which they had also filed a complaint case. The injuries purported to have been inflicted by the petitioners have also found to be also superficial in nature.

Considering the nature of allegation and that the petitioners have no criminal antecedent, let the petitioners, above named, 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Rosera, Samastipur in connection with Hathauri P.S. Case

No. 39 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T