Pratap Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31032 of 2017 Arising Out of PS.Case No. -61 Year- 2016 Thana -MARKAHI District- KHAGARIA ======================================================

1. Pratap Mandal, Son of Devan Mandal,

2. Vimli Devi, Wife of Pratap Mandal, Both are residents of VillageMarar, P.S. Morkahi, District- Khagaria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party : Mr. Anand Kishore Choudhary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Morkahi P.S. Case No. 61 of 2016, registered for the offences punishable under Sections 341, 323, 447, 307, 379, 504, 506/34 of the Indian Penal Code.

The learned counsel for the petitioners submits that this case has been lodged only with a view to put pressure so that Morkahi P.S. Case No. 45 of 2014 registered under Section 366A/34 of I.P.C. which has been lodged by the petitioner no.2 against the informant of this case as well as others be compromised. No such occurrence has taken place, there is general and omnibus allegation against all the accused persons, the

Patna High Court Cr.Misc. No.31032 of 2017 (3) dt.19-08-2017 2/2 allegation for snatching gold chain is super addition. The doctor has not found any injury dangerous to life, no offence under Section 307 of I.P.C. is made out and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the informant and her sons were assaulted and further against petitioner no.2 there is allegation for snatching gold chain.

In the facts and circumstances as stated above, considering that from earlier Morkahi P.S. Case No. 45 of 2014 is pending against the informant and others and, as such, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria, in connection with Morkahi P.S. Case No. 61 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T