Madan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4174 of 2019 Arising Out of PS. Case No.-469 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Madan Manjhi son of Late Dwarika Manjhi Vill-Mauna, Hussepur, Chapra,P.S-Town,Chapra,Distt.-Saran ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 14.8.2018 in a case registered for the offences punishable under Sections 302/34 of the I.P.C.

The prosecution case as per the Fardbeyan of Geeta Devi recorded by SI Satish Kumar, Town Police Station, Chapra on 13.8.2018 at 9.50 P.M. at Sadar Hospital, Chapra is to the effect that on the same day at 6 P.M. the son of the informant namely Ravindra Rai alias Guddu had gone outside. At around 8.30 P.M., the informant came to know that the accused persons are assaulting his son. On such information, she reached on the spot and found that the petitioner and co-accused Chandan Manjhi grabbled him tightly and co-accused Ranjeet Manjhi was stabbing the son of the informant. It is further alleged that on cry of the informant, the villagers assembled and the accused persons

Patna High Court Cr.Misc. No.4174 of 2019(2) dt.28-01-2019 2/3 escaped from the scene. It is also alleged that the son of the informant was in love with the daughter of the petitioner and for that threatening was being given to the son of the informant.

It is submitted by learned counsel for the petitioner that the accusation of stabbing the informant's son is against co-accused Ranjeet Manjhi. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submitted that the petitioner was catching hold of the victim.

Considering the specific accusation of stabbing against co-accused Ranjeet Manjhi and the period in custody, coupled with statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra in connection with Town P.S. Case No.469 of 2018.

The learned Court below will be at liberty to cancel the bail bonds of the petitioner in case he defaults on

Patna High Court Cr.Misc. No.4174 of 2019(2) dt.28-01-2019 3/3 three consecutive occasions.

(Dinesh Kumar Singh, J) anil/- U