Anirudha Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33766 of 2017 Arising Out of PS.Case No. -136 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Anirudha Mandal sonof Late Madheshwar Mandal

2. Bashki Mandal @ Basuki Mandal son of Late Ram Chandra Mandal Both are resident of village- Bhuwalpur, P.S.- Nath Nagar, DistrictBhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravina Kumari, Adv. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Nath Nagar P.S.Case No.136 of 2015 registered for offences punishable under Sections 341, 323, 448, 504, 379, 354 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is that they have approached the informant for grant of Jivika loan but when she refused, they assaulted her and also snatched chain from her neck. Submission of the learned counsel for the petitioner is that they have been falsely implicated in this case as the petitioners have deposited Rs.4,000/- with the father of the informant, who is Chairman, on the assurance that he will provide loan and when they enquired about the same they have been

Patna High Court Cr.Misc. No.33766 of 2017 (2) dt.20-07-2017 2/2 falsely implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Bhagalpur in connection with Nath Nagar P.S.Case No.136 of 2015, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U