Shyam Vinay Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65529 of 2022 Arising Out of PS. Case No.-225 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== 1.
SHYAM VINAY MANDAL Son of Bela Mandal @ Nageshwar Mandal Resident of village - Kumhra Vishanpur, P.S.- Dumra, District - Sitamarhi. 2.
Manoj Mandal @ Manoj Kumar Son of Bela Mandal @ Nageshwar Mandal Resident of village - Kumhra Vishanpur, P.S.- Dumra, District - Sitamarhi. 3.
Dipesh Kumar Son of Bela Mandal @ Nageshwar Mandal Resident of village - Kumhra Vishanpur, P.S.- Dumra, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar, Advocate For the Opposite Party/s :
Mrs.Renuka Ratnakar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Dumra P.S. Case No. 225 of 2022 for the offence registered under sections 448, 341, 323, 354, 307, 504 and 34 of the Indian Penal Code.
As per the prosecution story, the informant alleged that her piece of land was illegally taken over by the petitioner side and upon protest, allegation is that she was assaulted by
Patna High Court CR. MISC. No.65529 of 2022(2) dt.11-04-2023 2/3 them forcing her to get herself treated at IGIMS, Patna. Accordingly, the FIR.
Learned counsel for the petitioners submit that the lady being their aunt, they cannot even think of assaulting her and further without accepting the allegation and/or the outcome of the present case, they would like to contribute Rs. 25,000/- towards her medical assistance in view of the fact that some simple injury has been shown (Annexure 2) of Sadar Hospital, Sitamarhi where on the first occasion, she was treated. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
Considering the fact that none of the petitioners have criminal antecedent, omnibus allegation is there, this Court is inclined to extend them privilege of anticipatory bail subject to payment of Rs. 25,000/- to the informant through Demand Draft issued by the local State Bank of India branch in favour of the informant.
Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi
Patna High Court CR. MISC. No.65529 of 2022(2) dt.11-04-2023 3/3 in connection with Dumra P.S. Case No. 225 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Neha/- U T