Patna High Court – Orders
Ravindra Mandal vs The State Of Bihar on 20 December, 2024
Author: Harish Kumar
Bench: Harish Kumar
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
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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
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Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Adv.
For the Opposite Party/s : Mr. Shantanu Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 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
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