Patna High CourtCR. MISC./38230/2013dismissed

Binod Mandal And ANR v. The State Of Bihar

2013-12-24Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38230 of 2013 ======================================================

1. Binod Mandal, Son Of Sri Bilas Mandal, resident Of Village-Rewdha, P.S.-Jalley, District-Darbhanga, Bihar.

2. Prakash Mandal, Son Of late Tetar Mandal, resident Of VillageRewdha, P.S.-Jalley, District-Darbhanga, Bihar. .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Jha, Advocate For the State of Bihar : Mrs. Meena Singh, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-12-2013 Learned counsel appearing on behalf of the petitioners submits that during the pendency of this application petitioner No.2 Prakash Mandal has already been apprehended by the police, therefore, his petition for grant of anticipatory bail has become infructuous. He seeks permission to withdraw this application, so far the petitioner No.2 is concerned. Permission is accorded.

The petition filed on behalf of petitioner No.2 is dismissed as withdrawn as having become infructuous. Coming to the case of petitioner No.1 Binod Mandal, he apprehends his arrest in a criminal prosecution registered under Sections 307/34 and some other allied offences of the Indian Penal Code. He is alleged to have assaulted the informant on his head by

Patna High Court Cr.Misc. No.38230 of 2013 (2) dt.24-12-2013 2 / 2 farsa.

Taking into consideration the nature of allegation of assault against the petitioner No.1, his prayer for anticipatory bail is rejected.

The petitioner No.1 is directed to surrender before the learned court below within a period of four weeks from today and seek regular bail. If such a prayer for bail is made on behalf of the petitioner in connection with Jalley P.S. Case No. 59 of 2013 pending in the court of learned Chief Judicial Magistrate, Darbhanga, then the same shall be considered and decided on its own merit, without being prejudiced by the present order. (Birendra Prasad Verma, J) Kanth/-