Chunchun Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79823 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- KURSAILA District- Katihar ====================================================== 1.
Chunchun Mandal, age 50 years,Male, Son of Late Dashrath Mandal, Resident of Village - Kheria, Mandal Tola, P.S.- Kursela, Distt.- Katihar. 2.
Sanjeet Kumar Mandal, age 22 years, Male, Son of Chunchun Mandal, Resident of Village - Kheria, Mandal Tola, P.S.- Kursela, Distt.- Katihar. 3.
Jainandan Mandal, age 35 years, Male, Son of Late Bhawani Mandal, Resident of Village - Kheria, Mandal Tola, P.S.- Kursela, Distt.- Katihar. 4.
Jogindar Mandal, age 45 years, Male, Son of Ganpati Mandal, Resident of Village - Kheria, Mandal Tola, P.S.- Kursela, Distt.- Katihar. 5.
Bilash Mandal, age 40 years, Male, Son of Shankar Mandal, Resident of Village - Kheria, Mandal Tola, P.S.- Kursela, Distt.- Katihar. 6.
Rajesh Mandal, age 26 years,Male, Son of Bodhi Mandal, Resident of Village - Kheria, Mandal Tola, P.S.- Kursela, Distt.- Katihar. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Sanjeev Kumar Singh, Advocate.
For the Opposite Party :
Mr.Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 324 and 307/34 of the IPC.
The prosecution story, in brief, is that the petitioners abducted prosecutrix's son on 18.06.2019 and attempted to murder him on false implication of theft of Camera. Though the
Patna High Court CR. MISC. No.79823 of 2019(2) dt.09-12-2019 2/3 Camera was recovered from the house of petitioner no. 1 Chunchun Mandal. When Bal Govind and Pappu tried to save, they were also assaulted with sharp edged weapon which caused severe injuries on Pappu's head. The petitioners also alleged to have trespassed in prosecutrix home and misbehaved with the ladies and her mother was also assaulted.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Neither there is specific overt act alleged against the petitioner nor there is specific injury is attributed against the petitioners. Nature of injury is said to be simple.
On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M.
Patna High Court CR. MISC. No.79823 of 2019(2) dt.09-12-2019 3/3 Katihar, in connection with Kursela P.S. Case No. 102 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T