Dilip Kumar Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8968 of 2018 Arising Out of PS. Case No.-341 Year-2017 Thana- JOKIHAT District- Araria ======================================================
1. Dilip Kumar Mandal, S/o Late Ganga Pd. Mandal,
2. Raziya Devi W/o Dilip Kumar Mandal,
3. Anil Kumar Mandal, S/o Dilip Kumar Mandal Ali, R/o VillageBagnagar, P.S.- (Mahalgaon) Jokihar, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha For the Opposite Party/s :
Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend arrest in Jokihat P.S. Case No. 341 of 2017, instituted for the offence under Sections 341,323,324,307,447,504,506/34 of the IPC.
Learned counsel for the petitioners has submitted that there is no any specific allegation of overt act against petitioner no. 1 and 2. Petitioner no. 3 is alleged to have assaulted the informant with sickle causing injury on his hand. Case diary has been received, wherein, injury report is available. Doctor has found injury in the left fore-arm, thereafter, informant was referred to the Sadar Hospital, Araria, for better treatment. It has been further submitted that wife of petitioner no. 1 has also filed complaint case against the informant and others bearing no. 469C of 2017.
In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.8968 of 2018(3) dt.04-04-2018 2/2 allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Jokihat P.S. Case No. 341 of 2017, to the satisfaction of the learned Chief Judicial Magistrate, Araria, subject to condition as laid down u/S 438 (2) of the Cr. P.C.
with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) khushbu/- U T