Nirdhan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27932 of 2015 Arising Out of PS.Case No. -29 Year- 2013 Thana -RAHIKA District- MADHUBANI ======================================================
1. Nirdhan Mandal Son of Banshi Mandal, Resident of village - Sherma, Police Station - Rahika, District - Madhubani. ..... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 The petitioner is apprehending his arrest in connection with Rahika P.S. Case No. 29 of 2013 for the offences instituted under Sections 147, 148, 448, 341, 323, 379, 307, 436, 427, 504/506 of the Indian Penal Code.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that on 19.3.2013 at about 8.00 P.M., the petitioner having Farsa taken in his hand and co-accused persons having sword, Bhujali, spade taken in their hands referred to in the fard beyan of the informant while abusing entered into the house of the informant. When the informant forbade them to abuse, the co-accused Chhotu Mandal assaulted the informant by Bhujali on his left cheek causing cut injury
Patna High Court Cr.Misc. No.27932 of 2015 (2) dt.22-07-2015 2/3 thereon and he also assaulted the informant and his family members. Co-accused Banshi Mandal and the petitioner told to set house of the informant on fire. Upon this, they set house of the informant on fire and there was fire into the three rooms consequent of which all the articles of the room burnt to ashes. They also broke roof of the Asbestas of a room. The accused persons tool away golden chain of the wife of the informant, Rs. 30,000/- and articles from the box and went away. Villagers assembled there who extinguished the fire.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that there is a case and counter case and no injury upon the victim is alleged against this petitioner.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Rahika P.S. Case No. 29 of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani,
Patna High Court Cr.Misc. No.27932 of 2015 (2) dt.22-07-2015 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Mahesh/- U T