Dina Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60962 of 2024 Arising Out of PS. Case No.-165 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
Dina Mandal Son of Ganga Mandal Resident of Village - Telhan, P.S. - Sadar, District - Darbhanga (Bihar) 2.
Sanjay Mandal Son of Dina Mandal Resident of Village - Telhan, P.S. - Sadar, District - Darbhanga (Bihar) 3.
Dipak Narayan @ Deepak Narayan Mandal Son of Dina Mandal Resident of Village - Telhan, P.S. - Sadar, District - Darbhanga (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra For the Opposite Party/s :
Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 379, 354, 427, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioner no.1 and petitioner no.3 have antecedent of one case and petitioner no.2 has antecedent of two cases and the informant alleges that on 25.03.2024, at 5.00 P.M. the informant
2/4 along with his family members were sitting at their door, when the accused persons including the petitioners came variously armed and started abusing, on protest, Deepak assaulted him by sword, while Sanjay assaulted him by farsha causing injury on head and took out Rs.15,000/- from his pocket, thereafter Dina assaulted Geeta with lathi causing fracture of hand, thereafter Rina dashed Lalia on ground by holding her hair and Rabish tore her blouse and assaulted by bricks causing injury on nose and snatched mangalsutra of Lalia, further Chanchal assaulted Nitish by brick causing injury on eye and Arti and Dharmendra brick batted and snatched his chain.
4. Learned counsel submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from side of petitioners Darbhanga Sadar P.S. Case No.173/2024 has been instituted by the wife of Sanjay against the informant and his side. It is also submitted that the date of occurrence is 25.03.2024 and the F.I.R. has been instituted on 27.03.2024. It is next submitted that the order impugned does not record the nature of injury suffered by the injured. It is further submitted that though there is specific allegation against Deepak of assaulting the informant by sword but then the informant does not disclose that on which part of
3/4 the body is suffered injury on account of assault by Deepak, when it is specifically alleged that Sanjay assaulted him by farsha causing injury on head. It is further submitted that Dina is also alleged to have assaulted Geeta but then the assault was on non-vital part of the body. It is further submitted that the order impugned does not record the nature of injury suffered by the injured.
5. Learned A.P.P. for the State along with the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Darbhanga Sadar P.S. Case No.165/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, the learned trial court before accepting the bail bonds of the petitioners Sanjay and Dina will verify the
4/4 injury report of the informant and Geeta and if it is found that they have suffered grievous injury, in that event, the present anticipatory bail order shall not be given effect to in favour of Sanjay and Dina.
(Satyavrat Verma, J) amit/- U T