Jaduni Mandal And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44909 of 2015 Arising Out of PS.Case No. -131 Year- 2015 Thana -BAHERI District- DARBHANGA ======================================================
1. Jaduni Mandal, Son of Late Gopi Mandal.
2. Dinesh Mandal Son of Jaduni Mandal .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Suresh Mandal son of Shiv Narayan Mandal .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Nath Jha, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 448/341/323/504/307/379/34 of the Indian Penal Code. The prosecution case is that on 09.06.2015, the petitioners and others came at the door of the informant to pluck mango and started abusing on protest being made on the order of petitioner no.1 Jaduni Mandal, petitioner no.2 Dinesh Mandal assaulted with iron rod on the head of the informant when the other accused persons assaulted with fists and slaps. It is further alleged that when brother of the informant Naresh Mandal and wife Leela Devi came to rescue they were also assaulted by the
Patna High Court Cr.Misc. No.44909 of 2015 (3) dt.02-11-2015 2/2 accused persons. It is further alleged that petitioner no.2 Dinesh Mandal snatched a gold chain from the neck of the informant and a mobile.
It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled. Though lacerated simple injuries have been caused to informant's side. There is counter version of the occurrence also and for the occurrence of 09.06.2015 at 04.00 pm, the FIR was registered on 18.06.2015 at 09.00 am. Moreover, statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the delayed lodging of the FIR, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Darbhanga in connection with Baheri P.S. Case No.131 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T