Dhiraj Kumar Mandal @ Dhiraj Kumar Mandal Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11975 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -KURSELA District- KATIHAR ======================================================

1. Dhiraj Kumar Mandal @ Dhiraj Kumar Mandal Mandal.

2. Munna Mandal.

Both are S/O Pyarelal Mandal, R/o Kursela, P.S.- Kursela, District.- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 11-04-2017 Learned counsel for the petitioners appears and submits that the petitioner no.2, namely, Munna Mandal, has already been arrested by the police in the case and seeks permission to withdraw this application in his respect.

Permission is accorded.

Accordingly, this application, in respect of the petitioner no.2, namely, Munna Mandal, to grant him anticipatory bail, is dismissed as withdrawn.

Now, only the prayer of the petitioner no.1, namely, Dhiraj Kumar Mandal alias Dhiraj Kumar Mandal Mandal, to grant him anticipatory bail is being considered.

Patna High Court Cr.Misc. No.11975 of 2017 (2) dt.11-04-2017 2/3 Heard.

The petitioner no.1, namely, Dhiraj Kumar Mandal alias Dhiraj Kumar Mandal Mandal, apprehends his arrest in connection with Kursela P.S. Case No.11 of 2016 registered under Sections 341, 323, 379 and 307/34 of the Indian Penal Code. The accusation is that four persons, named in the F.I.R., including the petitioner no.1, namely, Dhiraj Kumar Mandal alias Dhiraj Kumar Mandal Mandal, came at the house of the informant and caused assault to the informant, her husband and her other family members through lathi, dabia and iron rod. At that time, they also snatched the sliver chain worth Rs.2500/- and earring worth Rs.15000/- of the informant and also took the paper relating to the land.

Submission on behalf of the petitioner no.1, namely, Dhiraj Kumar Mandal alias Dhiraj Kumar Mandal Mandal, is that this petitioner and his other family members have falsely been implicated in this case due to dispute and dirty village politics. Moreover, the injuries, as found on the person of the informant, her daughter and one Rukma Devi, are simple in nature. Having considered the facts and the circumstances of the case, let the petitioner no.1, namely, Dhiraj Kumar Mandal alias Dhiraj Kumar Mandal Mandal, in the event of his arrest or

Patna High Court Cr.Misc. No.11975 of 2017 (2) dt.11-04-2017 3/3 surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Katihar, in connection with Kursela P.S. Case No.11 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T