Saroj Mandal And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17564 of 2015 Arising Out of PS.Case No. -226 Year- 2014 Thana -BARHARA District- PURNIA ======================================================
1. Saroj Mandal, son of Kari Mandal alias Manoj Mandal
2. Biru Kumar son of Kari Mandal alias Manoj Mandal
3. Kailash Mandal son of late Diyali Mandal
4. Kari Mandal alias Manoj Mandal son of late Diyali Mandal
5. Babla alias Bablu Mandal son of Jugat Mandal
6. Rubbi Devi daughter of Kari Mandal alias Manoj Mandal
7. Shailiya Devi wife of Kailash Mandal
8. Manor Devi wife of Rameshwar Mandal alias Kutai Mandal
9. Munni Kumari daughter of Kailash Mandal
10. Kuniya Devi alias Kumia Devi wife of Kari Mandal alias Manoj Mandal
11. Reena Kumari daughter of Rameshwar Mandal alias Kutai Mandal .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gyanand Roy, Advocate For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354B, 498, 427,452, 380 and 504 of the Indian Penal Code. It is alleged that the accused persons including the petitioners went to the house of the informant and threatened for sending police at their residence and thereafter the accused persons
Patna High Court Cr.Misc. No.17564 of 2015 (2) dt.15-05-2015 2/3 assaulted the husband of the informant, when informant went to rescue, her clothes were torn and the accused persons assaulted her, when son of the informant came to rescue he was also assaulted and the accused persons took away Rs.20,000/- cash and gold chain from the informant.
It is submitted by learned counsel for the petitioners that the daughter of the informant was married with petitioner no.2 Biru Kumar against whom Barhara P.S. Case Nos. 223 of 2014 and 120 of 2014 was field on behalf of informant side levelling accusation under sections 376,313, 323, 504/34 of the Indian Penal Code and section 4 the Protection of Children from Sexual Offences Act wherein the petitioners and others were granted bail vide Criminal Miscellaneous No. 37707 of 2014 by a co-ordinate bench of this court on the basis of compromise as subsequently the daughter of the informant married with petitioner no.2. Subsequently, a compromise petition also filed in the earlier case, the same has been brought on record as annexure- 3 to the petition.
Considering the fact that the accusation has been levelled in the background of strained relationship between the parties from before and in the main case the parties have entered into compromise, let the above named petitioners 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) each with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.17564 of 2015 (2) dt.15-05-2015 3/3 satisfaction of the learned Judicial Magistrate, 1st Class, Purnea in connection with Barahara P.S. Case No. 226 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T