Ravindra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80127 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- BARDAHA District- Araria ====================================================== 1.
Ravindra Mandal S/o Baldev Mandal R/o vill - Biri (Benga), ward no. 6, Madanpur, P.S. - Sikti, Distt. - Araria 2.
Mahendra Mandal S/o Baldev Mandal R/o vill - Biri (Benga), ward no. 6, Madanpur, P.S. - Sikti, Distt. - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dheeraj Kumar, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-12-2024 Heard the learned Advocate for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Bardaha P.S. Case No. 2 of 2024, registered for the offences punishable under Sections 147, 148, 341, 323, 324, 326, 504, 506 of the Indian Penal Code.
3. Based on the written report, the prosecution alleges that on the alleged date of occurrence when the son of the informant proceeded to attend the call of nature, on account of old enmity, all the FIR named accused persons, caught hold of the victim and brought him behind the back of the house of Chitralekha Devi and brutally assaulted him and chopped off his
Patna High Court CR. MISC. No.80127 of 2024(2) dt.20-12-2024 2/3 private part.
4. Learned Advocate for the petitioners submits that apart from the fact that the entire allegation is omnibus in nature and the informant is not an eye witness, the present case is nothing but has been instituted in order to counter the Bardaha P.S. Case No. 3 of 2024 which was registered on the same day by co-accused Chitralekha Devi, alleging therein that the son of the informant having found her alone started misbehaving with a view to outrage the modesty. He also entered her house and ravished her. On hulla being raised, he brutally assaulted the victim and succeeded in fleeing away. In fact, on account of indecent and immoral act of the informant's son, the villagers assembled and thereafter he was beaten up by the villagers; where in such incidence he received injury on his private part; is the contention of the learned Advocate for the petitioners. It is next contended that the petitioners are persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State as well as the informant vehemently oppose the bail application and referring to the injury report submits at the Bar that the victim has received an incised wound over his private part.
Patna High Court CR. MISC. No.80127 of 2024(2) dt.20-12-2024 3/3 However, till date nature of injury has not been opined.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fair antecedent of the petitioners and the case and counter case, as has been disclosed in the bail application, let the petitioners above named 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, upon furnishing bail bonds 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 Bardaha P.S. Case No. 2 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) shivank/- U T