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Ram Pujan Mandal vs The State Of Bihar on 6 September, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35145 of 2019

Arising Out of PS. Case No.-218 Year-2016 Thana- BAJPATTI District-
Sitamarhi

1. RAM PUJAN MANDAL Son of Biltu Mandal Resident of Village –
Chakmahmadpur, P.S.- Bajpatti, Dist.- Sitamarhi.
2. Ram Jivan Mandal @ Ramji Mandal Son of Biltu Mandal Resident of
Village – Chakmahmadpur, P.S.- Bajpatti, Dist.- Sitamarhi.
3. Lalan Mandal Son of Bhola Mandal Resident of Village –
Chakmahmadpur, P.S.- Bajpatti, Dist.- Sitamarhi.

… … Petitioners
Versus
The State of Bihar

… … Opposite Party

Appearance :
For the Petitioners : Mr. Alok Kumar Alok, Advocate.
For the Opposite Party: Mr. Binod Kumar, APP

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER

4 06-09-2019 Heard learned counsel for the petitioners and learned

APP for the State.

2. The petitioners apprehend their arrest for the

offences alleged under Sections 147, Section149, Section341, Section323, Section324, Section354,

Section379, Section504, Section506 of the Indian Penal Code and 3 and 4 of the Witch

Craft Act. registered in connection with Bajpatti P.S. Case No. 218

of 2016.

3. It is submitted that the petitioners have been falsely

implicated in the backdrop of village politics. It is submitted that

the accusation against the petitioner nos. 1 and 2 is of assault on

the head of the informant with iron rod, however the injuries are
Patna High Court CR. MISC. No.35145 of 2019(4) dt.06-09-2019
2/3

simple in nature. The petitioner no. 2 is alleged to have

misbehaved with the wife of the informant while petitioner no. 3

is said to have taken away Rs. 5,000/- kept on the bed. The

petitioners claim clean antecedents.

4. Learned APP on the other hand submits that there is

specific accusation attracting the ingredients of Section 354 IPC

attributed to the petitioner no. 2.

5. Having regard to the nature of accusations, gravity

of the offence alleged under Section 354 IPC against petitioner

no.2, this Court is not inclined to grant the privilege of

anticipatory bail to the petitioner no. 2. the anticipatory bail

petition of petitioner no. 2 stands dismissed.

6. As regards petitioner nos. 1 and 3, other co-

accused has been granted anticipatory bail by this court in Cr.

Misc. No. 28144 of 2018, in the event of the petitioner nos. 1 and

3’s arrest or surrender before the court below within six weeks

from the date of communication of this order, let the above

petitioners namely Ram Pujan Mandal and Lalan Mandal be

released on bail on furnishing bail bond of Rs.10,000/- (ten

thousand) with two sureties of like amount each to the

satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri,

Sitamarhi in connection with Bajpatti P.S. Case No. 218 of 2016,

subject to the conditions as laid down under Section 438 (2)

SectionCr.P.C., and also subject to the following further conditions –

Patna High Court CR. MISC. No.35145 of 2019(4) dt.06-09-2019
3/3

(i) That one of the bailors shall be a close relative of

the petitioner nos. 1 and 3.

(ii) That the petitioner nos. 1 and 3 shall not indulge in

any similar offence till conclusion of the trial.

(iii) That the petitioner nos. 1 and 3 shall cooperate

with the investigation, if not already concluded, and make

themselves available as and when so required and in case of

failure, the State shall be at liberty to move for cancellation of

bail.

(iv) That the petitioner nos. 1 and 3 shall remain

physically present in Court on each and every date during trial

and in the event of failure on two consecutive dates without

sufficient reason, their bail bonds shall be liable to be cancelled

by the learned Court concerned.

(Vikash Jain, J)
Ibrar//-

U T

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