Ram Chandra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6921 of 2016 Arising Out of PS.Case No. -237 Year- 2015 Thana -BAHERI District- DARBHANGA ======================================================

1. Ram Chandra Mandal son of Jagdish Mandal resident of village Dhanauli, P.S. Baheri, District Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhubneshwar Prasad For the Opposite Party/s : Mr. Abhay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 447, 341, 323, 504, 506, 334, 307/34 of the Indian Penal Code.

The prosecution case is that when the informant's wife, Renu Devi, was in garden the petitioner came and started misbehaving with her and on protest being made, he abused and assaulted the informant's wife, tore her clothes and when the informant came to rescue then co-accused Babu Saheb Mandal abused him and on protest being made on the order of this petitioner co-accused Babu Saheb Mandal assaulted the informant with Farsa causing injury on his head. It is further alleged that petitioner started pressing the neck of the informant and petitioner and co-accused Babu Saheb Mandal assaulted the informant and his wife with fists and slaps and when father of informant, Rajendra

Patna High Court Cr.Misc. No.6921 of 2016 (2) dt.16-02-2016 2/2 Mandal came to save the petitioners, he was also brutally assaulted.

It is submitted by the learned counsel for the petitioner that injuries on the informant, his wife and father have been found to be simple in nature and there is counter version of the occurrence in which three persons of petitioner's side have also received injuries. It is further submitted that in the backdrop of land dispute between the parties the accusation has been levelled and Title Suit No. 125 of 1992 is pending between them from before. Statement has been in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Darbhanga in connection with Baheri P.S. Case No. 237 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T