Shambhu Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38693 of 2014 Arising Out of PS.Case No. -299 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================
1. Shambhu Mandal
2. Niranjan Mandal @ Niranjan Kumar Mandal Both Sons of Late Hari Mandal
3. Babita Devi Wife of Shambhu Mandal
4. Bideshi Mandal
5. Jiccho Mandal @ Gicho Mandal Both Sons of Jhari Mandal
6. Ramu Mandal
7. Biru Mandal Both Sons of Jhari Mandal All resident of village- Pakartalla Police Station Kahalgaon in the District of Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gopal Prasad Roy For the Opposite Party/s : Mr. Ambika Bhagat (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-03-2015 Having regard to the nature of allegation against the petitioners for offence under Section 341, 323, 379, 427, 504, 506, 307/34 of the Indian Penal Code and Section 3(1) (X) of the S.C. S.T. Act and the fact that the petitioners claim the present occurrence to be a counter version of the incident for which they had filed a criminal case against the prosecution party in which grievous injuries had also been caused by them, this Court, taking into account that the whole incident has arisen on account of the prosecution party being denied to marry their daughter from their own house on 16.5.2014, would find that the occurrence is
Patna High Court Cr.Misc. No.38693 of 2014 (2) dt.13-03-2015 admitted and, therefore, the petitioners are not entitled for grant of anticipatory bail.
According, the prayer for anticipatory bail of the petitioners, namely, Shambhu Mandal, Niranjan Mandal @ Niranjan Kumar Mandal, Babita Devi, Bideshi Mandal, Jiccho Mandal @ Gicho Mandal, Ramu Mandal and Biru Mandal is hereby rejected.
Nothing said in this order, however, shall come in the way of the petitioners in surrendering before the court below and seeking regular bail.
(Mihir Kumar Jha, J) Rishi/- U T