Patna High CourtCR. MISC./43893/2015bail granted

Girdhari Mandal And ORS. v. The State Of Bihar

2015-10-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43893 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -BUDHUCHAK District- BHAGALPUR ======================================================

1. Girdhari Mandal Son of Late Kaleshwar Mandal

2. Lalita Devi, Wife of Girdhari Mandal

3. Rohit Mandal @ Rohit Kumar, Son of Girdhari Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 308, 504, 34 of the Indian Penal Code.

The prosecution case is that the accused persons assaulted the informant. It is specifically alleged that petitioner no.1 caught hold the informant when petitioner no.2 assaulted with stone pestle on her head and eyes whereas petitioner no.3 assaulted with fist and slap.

It is submitted by learned counsel for the petitioners that the petitioners are brother, brother's wife and nephew of the husband of the informant. It is further submitted that for a petty

Patna High Court Cr.Misc. No.43893 of 2015 (2) dt.29-10-2015 2/2 dispute the accusation has been levelled and for the occurrence of 22.07.2015, the FIR was registered on 23.07.2015. Moreover, the injury has been found superficial simple in nature. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, 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, Bhagalpur in connection with Budhuchak P.S. Case No.20 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T