Kapildeo Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46184 of 2018 Arising Out of PS. Case No.-222 Year-2015 Thana- AMARPUR District- Banka ======================================================

1. Kapildeo Mandal, S/o Late Chakardhar Mandal,

2. Gulshan Mandal, S/o Kapildeo Mandal,

3. Binod Mandal S/o Andu Mandal @ Anantlal Mandal,

4. Mina Devi W/o Kapildeo Mandal, All are R/o Vill.- Bharko, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Amarpur P.S. case no. 222 of 2015 instituted for the offence under Section(s) 341, 323, 316, 307, and 506/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that these petitioners have falsely been implicated in this case due to land dispute The informant has earlier filed two other cases against

Patna High Court Cr.Misc. No.46184 of 2018(2) dt.18-08-2018 2/3 the petitioners vide complaint case no. 2317 of 2013 and complaint case no. 16/14. The mother of petitioner no.3 has also filed a complaint case no. 2343 of 2013 against the informant and others.

In the written report there is allegation against all the accused persons that they assaulted the informant causing her miscarriage. There is no any supporting document to show that any miscarriage has been caused to informant. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Amarpur P.S. case no. 222 of 2015, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM Banka, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court Cr.Misc. No.46184 of 2018(2) dt.18-08-2018 3/3

(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T