Allowed

Manoj Mandal v. the State of Bihar

Patna HC9 Sept 2021CR. APP (SJ)/2073/2021

Case brief

AI extract

What is this about?

The High Court allowed the appeal, set aside the order rejecting the petition for anticipatory bail, and directed the lower court to release the appellants on personal bonds within 12 weeks, subject to furnishing bail bonds within 8 weeks after restoration of normalcy.

What did the court decide?

Anticipatory bail granted to be released on personal bonds within 12 weeks; directed to furnish bail bonds of Rs. 10,000 each with two sureties within 8 weeks after normalcy.

Manoj Mandal Vs the State of Bihar — Caste Atrocities | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2073 of 2021

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Arising Out of PS. Case No.-47 Year-2018 Thana- KATRA District- Muzaffarpur

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======================================================

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Manoj Mandal S/O Late Ramkripal Mandal R/O Village-Shivdaspur, P.S. Katra, District-Muzaffarpur

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Abhilash Kumar Mandal @ Munna Kumar @ Amitabh Kumar Mandal S/O Manoj Mandal R/O Village-Shivdaspur, P.S. Katra, District-Muzaffarpur

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Om Prakash @ Om Kumar S/O Manoj Mandal R/O Village-Shivdaspur, P.S. Katra, District-Muzaffarpur

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Arun Kumar For the Respondent/s : Mr. Spl. P.P.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 09-09-2021 Heard learned counsel for the appellants and learned

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Special P.P. for the State through virtual mode.

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Learned counsel for the appellants is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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The appellants have challenged the order dated 03.02.2021 passed by learned 3^rd Additional Sessions Judge -cum- Special Judge, SC/ST Act, Muzaffarpur in ABP No. 273/21 in connection with Katra P.S. Case No. 47/2018 registered for the offences under sections 323, 504, 363, 366A, 506/34 IPC and 3(i)(r)(s) of the SC/ST (Prevention of

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Patna High Court CR. APP (SJ) No.2073 of 2021(2) dt.09-09-2021 2/3

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Atrocities) Act whereby the prayer made on behalf of the appellants for grant of anticipatory bail has been rejected.

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Prosecution allegation, in short, is that the grand daughter of the informant was abducted by the accused persons and when the informant went to search her at the house of accused person, he was abused by the accused persons by taking his caste name.

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It has been submitted on behalf of the appellants that the appellants have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellants. The appellants have falsely been implicated in the present case. Subsequently, a petition was filed in the Court below in which the informant has retracted from the earlier statement made in the F.I.R. The said petition has been enclosed to this memo of appeal. The alleged occurrence has not taken place within public view. Hence, no offence under SC/ST Act is made out in the present case.

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On behalf of the State, it is submitted that the appellants are named in the F.I.R.

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Considering the aforesaid facts and circumstances, the order dated 03.02.2021 passed by learned 3^rd Additional Sessions Judge -cum- Special Judge, SC/ST Act, Muzaffarpur in

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Patna High Court CR. APP (SJ) No.2073 of 2021(2) dt.09-09-2021 3/3

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ABP No. 273/21 in connection with Katra P.S. Case No.

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47/2018, is set aside.

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The appeal stands allowed.

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Let the appellants above named, in the event of arrest/surrender before the learned court below below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned 3^rd Additional Sessions Judge -cum- Special Judge, SC/ST Act, Muzaffarpur in connection with Katra P.S. Case No. 47/2018.

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Once the normalcy is restored, the appellants shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Manoj Mandal v. the State of Bihar

Case brief

What is this about?

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Manoj Mandal v. the State of Bihar

Case brief

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