Fulo Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61755 of 2017 Arising Out of PS. Case No.-51 Year-2017 Thana- HATHAURI District- Samastipur ======================================================

1. Fulo Mandal, Son of Late Ram Bahadur Mandal.

2. Ugresh Mandal, Son of Late Ram Bahadur Mandal.

3. Saurabh Kumar, Son of Suresh Mandal @ Suresh Prasad Singh.

4. Rekha Devi, Wife of Suresh Mandal @ Suresh Prasad Singh.

5. Khushboo Kumari, D/oSuresh Mandal @ Suresh Prasad Singh.

6. Renu Devi, Wife of Lalan Mandal, All resident of VillageRamaul, P.S.- Hathauri (Shivajee Nagar O.P.), DistrictSamastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sameer Ranjan For the Opposite Party/s :

Mr. SRI BINOD KUMAR 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 447,341,323,324,307,354 and 379/34 of the IPC. The prosecution case is to the effect that on 18.6.2017 at 6.15 P.M. co-accused Suresh Mandal was filling earth oat the door of the informant. On protest being made, coaccused Suresh Mandal entered into the house of the informant and assaulted. When the informant's husband and sons and others came to save her then other accused persons

Patna High Court Cr.Misc. No.61755 of 2017(2) dt.21-12-2017 2/3 including the petitioners came armed with lathi and danda and started indiscriminately assaulting the informant, her husband and sons.

It is submitted by learned counsel for the petitioners that the specific accusation of assault has been levelled against co-accused Suresh Mandal with iron rod on the head of the informant's son Ranjeet Kumar when one of the injuries has been found to be grievous and other injury was caused by co-accused Manish with lathi to Sanjeet Kumar, with regard to which opinion has been kept reserved. The accusation against the petitioners is omnibus and general. The petitioners' side lodged a case vide Hathauri P.S. Case No. 52 of 2017 at earlier point of time.

Considering the accusation against the petitioners being omnibus and general and except one injury of Ranjeet other injuries have been found to be superficial simple in nature, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Rosera in connection

Patna High Court Cr.Misc. No.61755 of 2017(2) dt.21-12-2017 3/3 with Hathauri P.S. Case No.51 of 2017.

(Dinesh Kumar Singh, J) anil/- U