Mukesh Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47273 of 2018 Arising Out of PS.Case No. -338 Year- 2018 Thana -SUPAUL District- SUPAUL ======================================================

1. Mukesh Mandal,

2. Sukesh Mandal, Both sons of Mahendra Mandal, resident of Village- Karnpur, P.S. & District- Supaul.

3. Pankaj Mandal, Son of Kameshwar Mandal, @ Kameshwar Mahto, Resident of Village- Sukhpur, P.S. & District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Supaul P.S. Case No. 338 of 2018 instituted for the offence under Sections 448, 323, 379, 354(B), 504, 506 and 34 of the Indian Penal Code. It is mentioned in the written report that on account of land dispute altercation had taken place between the parties. There is general and omnibus allegation against the petitioners that they tried to outrage modesty of the informant. It is alleged that petitioners forcibly opened the window adjacent to the courtyard of the informant.

Patna High Court Cr.Misc. No.47273 of 2018 (2) dt.29-08-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Supaul P.S. Case No. 338 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, subject to the conditions as laid down under Section 438 (2) 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 date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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) S.Ali/- U T