IN THE HIGH COURT OF JUDICATURE AT PATNA
(CRIMINAL MISCELLANEOUS JURISDICTION)
Cr. Misc No. ........................of 2022
In the matter of an
application under section 438
of cr.p.c.
Prateek Mandal S/o Ravinder Mandal ........ Petitioner
Versus
The State of Bihar ...........Opposite Party
To,
The ______________________ , the chief justice of the high court of judicature at
Patna and his companion justice of the said hon’able court .
The humble petition on behalf
of the above named petitioner
NOTICE
From,
Patna high court
Mobile no.
To,
The Advocate General, Bihar Patna
Ref:
/2022
Prateek Mandal S/o Ravinder Mandal
...................................Petitioner/Appellant
Versus
The State of Bihar
. ....... Respondents/ Opp.
Parties.
Sir.
Please take notice that I am going to file the instant application for which the copies of
the same are being served on you for your use and needful. Respectfully accept the
same and acknowledge the receipt.
Yours Faithfully
IN THE HIGH COURT OF JUDICATURE AT PATNA
(CRIMINAL MISCELLANEOUS JURISDICTION)
Cri. Misc. No...2022
Prateek Mandal S/o Ravinder Mandal
...............Petitioner
-Versus-
The State of Bihar ........Opposite
Party
Sub: Anticipatory Bail
INDEX
Sl no. Particular Page no.
1 An application Under Section 438 of Cr.P.C
with affidavit
2 Annexure-1
A certified Copy of First Information
Report
3 Impugned order
4 Vakalatnama
IN THE HIGH COURT OF JUDICATURE AT PATNA
(CRIMINAL MISCELLANEOUS JURISDICTION)
Cr. Misc No. ........................of 2022
In the matter of an
application under section 438
of cr.p.c
Prateek Mandal S/o Ravinder Mandal ........ Petitioner
Versus
The State of Bihar ...........Opposite Party
To,
The ____________________, the chief justice of the high court of judicature at Patna
and his companion justice of the said Hon’ble Court .
The humble petition on behalf
of the above named petitioner
Most Respectfully Sheweth;
1. That this is an application for the granting of anticipatory bail made on behalf of the
lone petitioner in connection with Benipatti P.S. case no. 106 of 2022 for the alleged
violations of sections 448, 341, 323, 324, 325, 354 B, 307, and 379 of the Indian
Penal Code. This case is currently pending in the learned court of Session Judge,
Madhubani, and ASI Sheshnath Prasad.
2. That the petitioner has not moved any bail application either regular or
anticipatory earlier in this matter before this Hon'ble court.
3. That the petitioner is having no criminal antecedent.
4. According to the First Information Report, the prosecution claims that on
March 5, 2022, at around 6:00 AM, all of the accused—including the
petitioners—arrived at the informant's door brandishing deadly weapons, and
Devendra Mandal started yelling abuse. While this was going on, Praveen
Mangal attacked the informant's father on the shoulder, and Pratik Mandal
struck him with a dagger. In response to the informant's and his mother's
attempts to save him, Prasant Mandal struck the informant's head with a
tengari, cutting him and causing blood to ooze from his head. In addition,
Laxmi Devi struck the informant in the left arm, fracturing it as a result. In
addition, Laxmi Devi struck the informant in the left arm, fracturing it as a
result. Additionally, it is claimed that Pratik Mandal pulled the informant's
mother by grabbing hold of her hair and ripping her clothing. Mahalaxmi Devi
removed a gold necklace pendant weighing 1% bhar from his neck in the
interim. Satyajit Mandal removed the informant's gold chain. Finally, it is
claimed that the conflict occurred as a result of the alleged accused's and
petitioner's differing land demarcations. As Annexure-1 to this petition, a
certified copy of the First Information report is attached.
5. That the petitioner has been wrongly accused of committing no crime and is
completely innocent, but that this false accusation was made with the intention
of harassing the petitioner.
6. That the entire way and origin of the reported incident are completely fake,
manufactured, and unsupportable in a court of law.
7. That the informant and the petitioner are neighbours and that there are ongoing
conflicts regarding the demarcation of land between the two parties.
8. That it is important to note that the incident occurred on May 3, 2022, but the
FIR was only filed on May 7, 2022, indicating a 4 day delay in filing the FIR
without providing any justifiable justification for the delay, which casts major
question on the prosecution's whole case.
9. That despite allegations of assault against the informant and her mother, there
is no injury on file that can support the prosecution version, and it is therefore
humbly submitted that the entire prosecution narrative is a fabrication of facts
by the informant. As a result, no offence is established against the petitioner.
10. It is argued that the specific charge against the current petitioner—outraging
the informant's modesty is nothing more than the evil mind's invention, and it
was made with the express purpose of harassing and degrading the petitioner
and his entire family.
11. That the family and land disputes have drawn the petitioner, a young kid, into
the current case.
12. That the petitioner has been charged with a crime for which there is no
possibility of a release on bail and that he fears being detained by police. Thus,
the need for this immediate application arises.
13. That the petitioner is a well-off individual with social responsibilities and is
willing to comply with all requirements imposed on him by the Honorable
Court of Justice in this particular matter.
14. That there is utterly no risk that the petitioner would flee the country or tamper
with the evidence, and he affirms to offer complete cooperation when the trial
is over.
15. According to the ruling dated 28.06.2022 issued in A.B.P. No. 941/2022, the
petitioner filed for anticipatory bail before lame Court of Sessions Judge,
Madubani, and it was denied after being heard. In order to satisfy the learned
CJ.M. Madhubani, it is requested that your Lordship kindly decide to increase
the petitioner's anticipatory bail in connection with Benipatti P.S. case no. 106
of 2022. And the petitioner will always be required to pray for this.
AFFIDAVIT
___________________aged about _____ years (Male). s/o
________________
_____, resident of _________________________________ hereby do
solemnly affirm and state as follows:
1. That I am ____________of the petitioner in this instant case and I am well
Acquainted with the facts and circumstances of the present case.
2. That the contents of this bail petition have been read over to me and
explained to me in Hindi which I fully understood.
3. That the annexure annexed is the photo/true copy of its respective originals.
