Patna High CourtCR. MISC./65486/2022partly allowed disposal

Dukha Mandal v. The State Of Bihar

2023-02-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65486 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- BANMANKHI District- Purnia ====================================================== 1.

DUKHA MANDAL S/O JAGDISH MANDAL Resident of villageMahadeopur, Ward no- 01, P.S.- Banmankhi, District- Purnia. 2.

BULLU MANDAL S/O JAGDISH MANDAL Resident of villageMahadeopur, Ward no- 01, P.S.- Banmankhi, District- Purnia. 3.

RAJO MANDAL @ RAJENDRA YADAV @ RAJO YADAV S/O LATE DULAR YADAV Resident of village- Mahadeopur, Ward no- 01, P.S.- Banmankhi, District- Purnia.

SANTOSH YADAV S/O MADAN YADAV Resident of villageMahadeopur, Ward no- 01, P.S.- Banmankhi, District- Purnia. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioners :

Mr. Binod Kumar Sinha, Advocate Mr. Ashok Kumar, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Banmankhi P.S. Case No.100 of 2022, registered for the offences punishable under Sections 341, 323, 448, 354(B), 379, 504 and 34 of the Indian Penal Code.

The petitioners are said to have entered into the house of the informant and outraged her modesty. Petitioner No.1, Dukha Mandal is said to have torn the blouse of the informant and misbehaved with her. The accused persons also snatched

Patna High Court CR. MISC. No.65486 of 2022(2) dt.24-02-2023 2/3 mobile phones and ornaments from the informant and her children.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that no specific allegation is made against petitioners no.2 to 4. The specific allegation of outraging the modesty of the informant is against petitioner no.1, Dukha Mandal. The learned APP for the State vehemently opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid , let petitioners no.2 to 4, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.

25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Purnia in connection with Banmankhi P.S. Case No.100 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. So far as prayer for grant of anticipatory bail to petitioner no.

Patna High Court CR. MISC. No.65486 of 2022(2) dt.24-02-2023 3/3 specific allegation made against petitioner no.1, Dukha Mandal, I am not inclined to enlarge petitioner no.1, Dukha Mandal on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to petitioner no.1, Dukha Mandal is hereby rejected.

(Anjani Kumar Sharan, J) S.KUMAR/- U T