Patna High Court
Kaleshwar Mandal And Anr vs The State Of Bihar on 5 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 19546 of 2021
Arising Out of PS Case No.-15 Year-2017 Thana- CHAUSA District- Madhepura
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1. Kaleshwar Mandal, age about 55 years, Male, Son of Late Santlal Mandal.
2. Dilip Mandal @ Dilip Kumar, aged about 30 years, Male, Son of Kaleshwar
Mandal, Resident of Village- Sadhu Tola, Arajpur, Pashchimi Panchayat, PS-
Chausa, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate
For the State : Ms. Meena Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 05-07-2021
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis of
motion slip filed by learned counsel for the petitioners on
28.04.2021, which was allowed.
3. Heard Mr. Nafisuzzoha, learned counsel for the
petitioners and Ms. Meena Singh, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
4. Learned counsel for the petitioners submitted that
petitioner no. 1, namely, Kaleshwar Mandal has been arrested and,
thus, he may be permitted to withdraw the petition on his behalf.
5. In view thereof, the petition on behalf of petitioner
no. 1, namely, Kaleshwar Mandal, stands disposed off as
Patna High Court CR. MISC. No.19546 of 2021 dt.05-07-2021
withdrawn having become infructuous and is restricted to
petitioner no. 2, namely, Dilip Mandal @ Dilip Kumar.
6. The petitioner no. 2 apprehends arrest in connection
with Chausa PS Case No. 15 of 2017 dated 27.01.2017, instituted
under Sections 341, 323, 307, 325, 354, 379, 380, 504 and 506 of
the Indian Penal Code.
7. The allegation against the petitioner no. 2 is specific
that he assaulted Bina Devi on the hand resulting in fracture in her
wrist. It was further alleged that when she became senseless, a
gold chain was also taken away. However, the rest of the
allegation is against other co-accused.
8. Learned counsel for the petitioner no. 2 submitted
that for the same incident, there is also a counter case and that the
injury suffered by Bina Devi was because she had fallen on the
ground and had herself fractured her wrist and not because of the
assault by the petitioners. It was further submitted that the
petitioner no. 2 has clean antecedent.
9. Learned APP submitted that against the petitioner no.
2, there is specific and direct allegation of assault on the hand of
Bina Devi resulting in fracture of the wrist which is corroborated
by the injury report. It is pointed out that as per the injury report,
copy of which has been brought on record by way of Annexure-2,
Patna High Court CR. MISC. No.19546 of 2021 dt.05-07-2021
it is clear that the opinion of the doctor is that the same is grievous
in nature and caused by hard blunt substance. Thus, it was
submitted that the injury was not self-inflicted due to fall, but due
to the deliberate assault by the petitioners as specifically stated in
the FIR and the same is grievous in nature.
10. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, the
Court is not inclined to grant pre-arrest bail to petitioner no. 2,
namely, Dilip Mandal @ Dilip Kumar.
11. Accordingly, the petition stands dismissed.
12. However, in view of submission of learned counsel
for the petitioner no. 2, it is observed that if the petitioner no. 2
appears before the Court below and prays for bail, the same shall
be considered on its own merits, in accordance with law, without
being prejudiced by the present order.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
