Raghunandan Mandal And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4883 of 2016 Arising Out of PS.Case No. -62 Year- 2015 Thana -DANDKHORA District- KATIHAR ======================================================
1. Raghunandan Mandal S/o Devilal Mandal
2. Vijay Mandal @ Vijay Kumar S/o- Raghunandan Mandal,
3. Arun Mandal S/o- Raghunandan Mandal
4. Nilam Devi W/o- Vijay Mandal
5. Munni Devi W/o- Arun Mandal, All are R/o- Jabra, Paharpur, P.S.- Dandkhora, Distt- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rekha Devi W/o Bilash Mandal, R/o- Jabra, Paharpur, P.S.- Dandkhora, Distt- Katihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Smt. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 452, 307, 380, 354, 376, 511 of the Indian Penal Code.
The prosecution case is that on 24.07.2015 when the informant was going to ease outside, the accused persons caught hold and tired to ravish her. On arrival of
Patna High Court Cr.Misc. No.4883 of 2016 (2) dt.05-02-2016 the local people the accused persons escaped from the scene. Thereafter the informant was going to lodge a case to the police station, when she was assaulted by the petitioners and petitioner no. 3 Arun Mandal snatched silver chain worth Rs. 15,00/- and Rs. 5,000/- cash from the box.
It is submitted by the learned counsel for the petitioners that for the occurrence of 24.07.2014, complaint was filed on 15.09.2015, which came to be registered as police case on 12.10.2015, whereas petitioners' side lodged Korha P.S. Case No. 59 of 2015 on 29.09.2015 against the husband of the informant and others. There is no medical report on the record. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. The petitioners claim to the agnate of the informant.
Considering the delayed lodging of the First Information Report and the case of petitioners' being registered prior to the registration of the present First Information Report, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Katihar in connection with Dandkhora P.S. Case No. 62 of 2015, subject
Patna High Court Cr.Misc. No.4883 of 2016 (2) dt.05-02-2016 to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T