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Patna High CourtCR. MISC./71716/2019disposed

Gulab Chandra Mandal v. The State Of Bihar

2020-03-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71716 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

GULAB CHANDRA MANDAL, aged about 50 years, Male, Son of Late Prithwi Mandal, Resident of Village - Gangapur, Ward No. 08, P.S.- Murliganj, Distt - Madhepura 2.

Mohan Kumar, aged about 21 years, Male, Son of Gulab Chandra Mandal, Resident of Village - Gangapur, Ward No. 08, P.S.- Murliganj, Distt - Madhepura ... Petitioners

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Uday Chand Prasad, Adv.

For the Opposite Party :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Murliganj P.S. Case No. 195 of 2019, registered under Sections 143, 341, 323, 324, 307, 379, 504, 506 and 302 of the Indian Penal Code. The accusation is that on hearing hulla about causing assault to Sunita Devi, sister of the informant, Vibha Devi, the informant and her husband reached at the house of Sunita Devi, then, saw that her husband and in-laws of her sister, Sunita Devi, are assaulting her. When Bablu Mandal, husband of the informant made intervention, then, Mohan Kumar, petitioner no. 2, caused injury through bamboo at his head. At that time, informant and her gotni, Rekha Devi, were also received injuries.

Submission is that it would appear from the first information report that specific allegation is against petitioner

Patna High Court CR. MISC. No.71716 of 2019(3) dt.04-03-2020 2/2 no. 2, Mohan Kumar, to cause injury through bamboo at the head of deceased, Bablu Mandal, husband of the informant and general and omnibus allegation has been made against rest of the accused, including petitioner no. 1. Further, submission is that in post mortem report injuries were also found only on the head of the deceased, husband of the informant. Having regard to the facts and circumstances of the case, let the petitioner no. 1, Gulab Chandra Mandal, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Murliganj P.S. Case No. 195 of 2019 to the satisfaction of the Chief Judicial Magistrate, Madhepura. So far the prayer for bail of petitioner no. 2, Mohan Kumar, is concerned, it is rejected.

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