Allowed

Dhananjay Mandal v. The State of Bihar

Patna HC19 Jul 2021CR. APP (SJ)/2504/2021

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal by three appellants against the rejection of their anticipatory bail application. The court set aside the lower court’s order due to a false case, delay in lodging the complaint, and exaggerated allegations, directing release on bail within eight weeks if they surrender or are arrested.

What did the court decide?

Anticipatory bail granted upon surrender or arrest within eight weeks, subject to conditions.

Dhananjay Mandal Vs The State of Bihar — Caste Atrocities | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2504 of 2021

¶2

Arising Out of PS. Case No.-178 Year-2020 Thana- SABAUR District- Bhagalpur

¶3

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

¶4

Dhananjay Mandal Son Of Bahadur Mandal Resident Of Village - Alimnagar, P.O. - Parghadi, P.S. - Sabour, District - Bhagalpur.

¶5

Dasrath Mandal Son Of Bahadur Mandal Resident Of Village - Alimnagar, P.O. - Parghadi, P.S. - Sabour, District - Bhagalpur.

¶6

Subodh Mandal Son Of Ganesh Mandal Resident Of Village - Alimnagar, P.O. - Parghadi, P.S. - Sabour, District - Bhagalpur.

¶7

... ... Appellant/s

¶8

Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajive Ranjan Singh- Advocate For the Respondent/s : Mr. Binay Krishna- S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

¶9

... ... Respondent/s

¶10

2 19-07-2021 Heard Mr. Rajive Ranjan Singh, the learned Advocate for the appellants and Mr. Binay Krishna, the learned Special Public Prosecutor for the State.

¶11

The appellants have challenged the order dated 09.03.2021 passed by the learned 3^rd Additional Sessions Judge-cum-Special Judge (SC/ST), Bhagalpur in connection with Sabour P. S. Case No.178 of 2020, instituted for the offences under Sections 147, 149, 341, 323, 447, 452, 364(A), 354(B), 384, 386 of the Indian Penal Code and Section 3(1)(X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their

¶12

Patna High Court CR. APP (SJ) No.2504 of 2021(2) dt.19-07-2021 2/3

¶13

prayer for grant of anticipatory bail has been rejected.

¶14

The informant is stated to have been molested and

¶15

her brother-in-law is alleged to have been abducted.

¶16

It has been submitted on behalf of the appellants that an absolutely false case has been lodged against them because of some dispute which has been existing for a long time. The occurrence is said to have taken place on 10.12.2019 and 11.12.2019 but the complaint was lodged on 21.01.2020.

¶17

It has been submitted that notwithstanding the accusation in the complaint which gave rise to the subject F.I.R., cognizance has not been taken under Section 364(A) of the I.P.C. but only under minor Sections and under Section 3(1)(X) of the SC/ST (P.O.A.) Act.

¶18

The brother-in-law of the informant was not in anybody’s captivity and was recovered shortly after the lodging of the F.I.R., from his own village. It therefore appears that the offences have been over-exaggerated for giving it a serious colour.

¶19

For the facts afore-stated, the order dated 09.03.2021, referred to above, is set aside.

¶20

The appeal stands allowed.

¶21

Patna High Court CR. APP (SJ) No.2504 of 2021(2) dt.19-07-2021 3/3

¶22

The appellants, above named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 3^rd Additional Sessions Judgecum-Special Judge (SC/ST), Bhagalpur in connection with Sabour P. S. Case No.178 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶23

(Ashutosh Kumar, J)

¶24

vikash/-

¶25

U T

Dhananjay Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dhananjay Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Baleswar Singh Vs The State of Bihar

Suresh Singh @ Suresh Yadav Vs the State of Bihar

Suliya Devi Vs the State of Bihar

Baliram Mahto Vs the State of Bihar

Kishundev @ Kishundev Chaudhary Vs the State of Bihar

Rishi Kumar Vs The State of Bihar