Rajaram Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38142 of 2017 Arising Out of PS.Case No. -271 Year- 2015 Thana -BELHAR District- BANKA ====================================================== 1.Rajaram Mandal, S/o Late Kundal Mandal @ Late Kundan Mandal,
2. Shatrughan Mandal, S/o Late Kundal Mandal @ Late Kundan Mandal, both are R/o Village- Bangama, P.S. Belhar, District- Banka. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Belhar P.S. Case No. 271 of 2015 registered for the offences punishable under Sections 341, 323, 324, 354 and 504/34 of the IPC.
The informant has alleged that on 29.11.2015 these petitioners abused and assaulted her by fists and slaps. The husband of the informant and one Prakash Kumar came for her rescue whereupon they were also assaulted by khanti and farsa. Thereafter, the petitioners also snatched silver chain and ear ring from her neck and also tried to outrage her modesty. Learned counsel for the petitioners submits that the allegation of assault and snatching silver chain is omnibus against
Patna High Court Cr.Misc. No.38142 of 2017 (2) dt.17-08-2017 2/2 three persons out of them one person has been allowed anticipatory bail by learned Sessions Judge. He further submits that the allegation against these petitioners is similar to the accused who has granted anticipatory bail and so they deserve anticipatory bail.
Learned Additional Public Prosecutor opposed the aforesaid submission.
On perusal of the FIR, it appears that allegation of assault is omnibus against three persons and one person has been allowed anticipatory bail.
Considering the facts and circumstances, as stated above, this application for anticipatory bail is allowed. Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Banka in connection with Belhar P.S. Case No.271 of 2015, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code. (Sanjay Kumar, J) khushbu/- U T