Doman Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4011 of 2025 Arising Out of PS. Case No.-298 Year-2023 Thana- KASBA District- Purnia ====================================================== Doman Mandal S/O Narayan Mandal Resident of village - Damdama, Police Station- Kasba, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-02-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Kasba P.S. Case No. 298 of 2023 dated 23.08.2023 registered under Sections 143, 341, 323, 307, 504, 506 of the I.P.C.
3. As per the first information report the petitioner had taken Rs. 20,000/- as loan from the informant and despite demand made by the informant, his money was not refunded. On 05.08.2023 in the morning when the son of the informant namely, Gautam Mandal demanded the money back, the petitioner again refused to return the amount. It has been alleged that the petitioner and other accused person assaulted the son of the informant. The petitioner assaulted the informant's son by
Patna High Court CR. MISC. No.4011 of 2025(4) dt.15-02-2025 2/3 giving a punch in his stomach due to which he was admitted in a private hospital.
4. Learned counsel for the petitioner submits that occurrence has taken place due to money dispute between the parties. He further submits that there is a delay of eighteen days in lodging the F.I.R. inasmuch as the occurrence has taken place on 05.08.2023 but the F.I.R. has been lodged on 23.08.2023. He next submits that son of the informant was treated in a private hospital for fistula which is evident from the medical document. The co-accused persons have been granted anticipatory bail vide Cr. Misc. No. 67969 of 2024.
5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that occurrence has taken place due to money transaction, there is inordinate delay in lodging the F.I.R. and the co-accused persons have been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief
Patna High Court CR. MISC. No.4011 of 2025(4) dt.15-02-2025 3/3 Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 298 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T