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Patna High CourtCR. MISC./53757/2017allowed

Satya Narain Mandal And ORS v. The State Of Bihar

2017-11-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53757 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -SIKTI District- ARRARIA ======================================================

1. Satya Narain Mandal, Son of Loghti Mandal,

2. Prakash Mandal, Son of Satya Narain Mandal,

3. Jitan Mandal Jiten Mandal, Son of Satya Narain Mandal, All residents of Village- Bhorha Sonapur, Police Station- Kursakanta, District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Madhu Prasun For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-11-2017 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending arrest in connection with Sikti P.S. Case No. 45 of 2017 for an offence under sections 341, 323, 354(B), 379, 504 and 506/34 of the Indian Penal Code. Counsel for the petitioners submits that the present dispute arises out of trivial dispute between family members of the informant and this case is nothing but counter blast of the earlier case. The alleged incident is of 11.2.2017 but the case was registered after inordinate delay of 20 days. He submits that looking at the nature of the case, any prudent man can arrive at the finding that this false case has been

Patna High Court Cr.Misc. No.53757 of 2017 (2) dt.15-11-2017 2/2 instituted by the informant side as a counter blast with allegation of daughter-in-law that the in-laws and family members of the husband are meted out with cruelty.

Considering the totality of facts situation and inordinate delay of 20 days in registering the case, let the petitioners, named above, be released on bail in the event of arrest or surrender before the 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 Chief Judicial Magistrate, Araria, in connection with Sikti P.S. Case No. 45 of 2017, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T