Rajendra Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25620 of 2018 Arising Out of PS. Case No.-233 Year-2017 Thana- BHARGAWAN District- Araria ======================================================
1. Rajendra Mandal, Son of Parmeshwari Mandal,
2. Ravindra Mandal, Sons of Parmeshwari Mandal,
3. Parmeshwari Mandal, Son of Late Raghunath Mandal, all are Resident of Village-Paikpar, Ward No.3, Police StationBhargama, District-Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Mr. Sanjay Kumar SK For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Bhargama P.S. Case No. 233 of 2017 dated 24.10.2017 instituted for the offences under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
The petitioners are alleged to have assaulted the informant and other members of his family, as a result of which the wife of the infromant viz. Madhuri Devi received a lacerated wound on her temporal region and Ratnesh, son of the informant has also been injured. Apart from the aforesaid two persons, one Jay Narain Mandal, brother of the informant was also injured in the occurrence.
Learned counsel for the petitioner has
Patna High Court Cr.Misc. No.25620 of 2018(2) dt.04-05-2018 2/2 submitted that from the reading of the F.I.R. itself, it would appear that there is long standing land dispute between the parties. He has further submitted that some of the petitioners have also received injuries for which they were examined at Primary Health Centre, Bhargama on 19.10.2017. The occurrence is said to have taken place on 19.10.2017 but the case was lodged on 24.10.2017 without there being any satisfactory explanation about such delay in lodging of the F.I.R. The injuries suffered by Madhuri Devi, Ratnesh and Jay Narain Mandal are all simple in nature.
Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 233 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) Krishna/- Ved/- U T