Kali Charan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2703 of 2016 Arising Out of PS.Case No. -492 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Kali Charan Mandal Son of Ram Chalitar Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Ramesh Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 379, 307, 354, 504 and 506 of the Indian Penal Code. Prosecution case is that the FIR named accused persons variously armed entered into the house of the informant took away clothes, cash Rs.5000/- and ornaments when son of the informant, namely, Talewar Mandal made protest then petitioner assaulted on his head with iron rod. It is further alleged that when daughter of the informant, namely, Lakhiya Devi came to rescue then she was assaulted by co-accused Meena Devi with country made pistol, who also snatched gold chain from her neck, when informant went to rescue his son then co-accused Sakhichand Mandal assaulted on

Patna High Court Cr.Misc. No.2703 of 2016 (2) dt.18-01-2016 2/3 him with spade on his head. It is further alleged that co-accused Lalan Mandal tore blouse of daughter-in-law of the informant and pulled her 'saree'.

It is submitted by learned counsel for the petitioner that petitioner is the agnate of the informant and Runnisaidpur P.S. Case No.491/2015 has been lodged by the petitioner's side at earlier point of time. The son of the informant has received one lacerated injury of marginal size. Though, the opinion has been kept reserved for the same. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that in the background of land dispute, the accusation has been levelled.

Considering the nature of accusation, relationship between the petitioner and the informant and a case lodged by the petitioner's side at earlier point of time coupled with a statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Runnisaidpur P.S.

Case

Patna High Court Cr.Misc. No.2703 of 2016 (2) dt.18-01-2016 3/3 No.492/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T