Maneshwar Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51989 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -JANKINAGAR District- PURNIA ======================================================
1. Maneshwar Mandal Son of Late Sheru Mandal
2. Lalan Kumar Mandal, son of Gosai Mandal
3. Akhilashwari Manda @ Akhileshwari Mandal son of Late Khushi Lal Mandal
4. Timbha Mandal @ Timha Mandal son of Akhileshwari Mandal
5. Rajendra Mandal @ Rajendra Mand. son of Late Madho Mandal All are resident of village- Ladu Garh, P.S.- Jankinagar, District- Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Arun Kr. Panday (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-12-2015 Heard learned Counsel for the petitioners, learned Counsel for the informant and learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Janki Nagar P.S. Case No. 53 of 2015 for offences alleged under Sections 341, 323, 379, 307, 504/34 of the Indian Penal Code.
Prosecution case is that the Informant, namely, Nageshwar Mandal stated in his written report that on 8.5.2015 at about 7.30 P.M. his son Anil Mandal tied his buffalo on his Darwaza. A hot exchange of words were going on between the accused persons Maneshwar Mandal, Raben Mandal and his wife
Patna High Court Cr.Misc. No.51989 of 2015 (2) dt.17-12-2015 2/3 behind the house. In the meantime, his son Anil Mandal went there and saw accused persons abusing and assaulting his mother. The informant tried to pacify the matter then all the FIR named accused persons including these petitioners abused and assaulted. He further stated that his son Anil Mandal told about throwing of waste materials by the accused persons near his house then accused Manoj Kumar gave a lathi blow on the head of his son on account of which his son sustained head injury and bled. The informant and his family members went to bring his son then the accused persons started assaulting him and caught Sari and hair of his wife on account of which his wife fell down and accused persons took Nokia Mobile from the pocket of his son.
It is also alleged that the accused persons in furtherance of their common intention assaulted his son Anil Mandal with intention to kill him. It has been submitted by the learned Counsel for the petitioners that the petitioner no. 1 is the neighbor of the informant and all the other petitioners are co-villagers. It has further been submitted that all the petitioners have clean antecedent as is evident from paragraph 3 of this petition.
Patna High Court Cr.Misc. No.51989 of 2015 (2) dt.17-12-2015 3/3 said offence cannot be attributable to the petitioners. Be that as it may, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of 6 weeks from the date of receipt/production of copy of this order, be released on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Janki Nagar P.S. Case No. 53 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Nilu Agrawal, J) sunil/- U