Dhananjay Mandal @ Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66399 of 2019 Arising Out of PS. Case No.-761 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.
DHANANJAY MANDAL @ DHANANJAY KUMAR Son of Chhattu Mandal Resident of Village - Oagari, P.S.- Kahalgaon, District- Bhagalpur 2.
Kajal Devi Wife of Dhananjay Mandal Resident of Village - Oagari, P.S.- Kahalgaon, District- Bhagalpur 3.
Rekha Devi Wife of Dinesh Mandal Resident of Village - Oagari, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Manoj Kumar For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 506,34 of the Indian Penal Code registered in connection with Kahalgaon (Shiv Narayanpur) P.S. Case No. 761 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty disputes and the parties are agnates. The accusation of assault is general and omnibus in nature and in any event the injuries are simple in nature. There is delay in lodging the FIR on 23.12.2018 for the alleged occurrence of19.12.2018. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of
Patna High Court CR. MISC. No.66399 of 2019(2) dt.04-11-2019 2/2 learned CJM, Bhagalpur, in connection with Kahalgaon (Shiv Narayanpur) P.S. Case No. 761 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioner no. 1 shall remain physically present in Court on each and every date during trial and the petitioner nos. 2 and 3 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Chandran/- U T