Ashok Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54333 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Ashok Mandal S/o Late Deo Narayan Mandal, resident of Village- Tarsua Badgaon, P.S.- Alamnagar (Ratwara O.P.), District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Alamnagar P.S. Case no. 24 of 2018, registered under Sections 341, 323, 324, 354-B, 379 and 504/34 of the Indian Penal Code.

The accusation is that seven persons named in the F.I.R., including the petitioner, armed with Lathi, iron rod and Khanti came to the informant and started abusing to her. When informant made protest, then all started causing assault to her. At that time, this petitioner laid the informant on the ground and pushed her sari in which she became naked. Thereafter, all accused persons caused injury through fists, leg, rod and khanti as a result whereof, she sustained injury at her right leg. When

Patna High Court Cr.Misc. No.54333 of 2018(2) dt.28-09-2018 2/2 her son Guddu came to save her then he was also assaulted by them. At that time, accused persons took away ear ring and silver chain from the informant.

Learned counsel for the petitioner submits that petitioner and informant are Gotiya and due to land dispute, hot talks were exchanged, but the informant lodged the present case with false allegation of assault and laying the informant on the ground and unfolding her sari. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Udakishunganj at Madhepura in connection with Alamnagar P.S. Case No. 24 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T