Sita Ram Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51203 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -PRANPUR District- KATIHAR ======================================================

1. Sita Ram Mandal S/o Late Santlal Mandal

2. Laxmi Devi, W/o Sita Ram Mandal

3. Gunja Devi, W/o Pinku Mandal

4. Babli Devi, W/o Bhanu Mandal All residents of village- Marocha, P.S.- Pranpur, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate . For the Opposite Party/s : Mrs. Reeta Verma, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 09-11-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for offence under Sections 323, 324, 307, 504 and 506/34 of the Indian Penal Code and the fact that the allegation of direct assault is only against co-accused Guddu Kumar, who had allegedly caused the injuries by Dabia on the person of Suresh Mandal resulting into sharp cut injuries also confirmed by the Doctor in the injury report, this Court, keeping in view that none of the petitioners have been assigned any specific overt act and have also got no criminal antecedent, would be inclined to grant privilege of anticipatory bail to the petitioners.

That being so, if the petitioners, namely, Sita Ram Mandal, Laxmi Devi, Gunja Devi and Babli Devi surrender before the court below within a period of four weeks from today, they shall be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional

Patna High Court Cr.Misc. No.51203 of 2015 (2) dt.09-11-2015 2/2 Chief Judicial Magistrate, Katihar in connection with Pranpur P.S. Case No. 80 of 2015; subject to the following conditions: (i) That both the bailors will be close family relatives of the petitioners, who will undertake an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the court if there is any change in the addresses of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse.

(iv) That the petitioners will be well represented on each and every date in course of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U