Vijay Manjhi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8675 of 2019 Arising Out of PS. Case No.-395 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ======================================================
1. Vijay Manjhi, aged about 33 years
2. Baban Manjhi, aged about 30 years, Both are, Son of Rajballam Manjhi, R/o Village- Fatehpur, P.S- Makhdumpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath For the Opposite Party/s :
Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 325 and 307/34 of the Indian Penal Code.
The prosecution case as per the written report of Mahesh Manjhi submitted to SHO, Makhdumpur Police Station is to the effect that the daughter of the informant, Sunaina Devi was married with Baban Manjhi in the year 2016 and they were living happily. Thereafter the daughter of the informant came to the informant's house due to some dispute before 10 days prior to the the occurrence. It is further alleged that on 25.10.2018 at about 11.30 A.M., when the informant took the daughter of the
Patna High Court Cr.Misc. No.8675 of 2019(2) dt.14-02-2019 2/3 informant to the in-law's house then all the accused persons including petitioner no.2, husband of the informant's daughter and petitioner no.1, brother of petitioner no.1 started assaulting the informant and when the niece of the informant came to rescue then she was also assaulted by all the accused persons. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general in nature and injuries are found simple in nature. A statement has been made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that there is specific accusation of assault against the petitioners. Considering the fact that the accusation has been levelled in the background of matrimonial dispute, let the above named petitioners be released on provisional anticipatory bail for a period of four months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Jehanabad in connection with Makhdumpur P.S. Case No. 395 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.8675 of 2019(2) dt.14-02-2019 3/3 Let the learned Court below will issue notice to the informant and try to get the issue mediated. The provisional bail of petitioners will be confirmed by the learned Court below if the dispute between the daughter of the informant and petitioner no.2., will be reconciled.
Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T