Man Mohan Manhji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8596 of 2022 Arising Out of PS. Case No.-356 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== 1.

MAN MOHAN MANHJI S/o Ramnarayan Manjhi Resident of Village - Pahiya, Bagahi, P.S. - Rivilganj, Distt. - Saran at Chapra. 2.

Harendra manjhi S/o Bishun Manjhi Resident of Village - Pahiya, Bagahi, P.S. - Rivilganj, Distt. - Saran at Chapra.

3.

Ramnarayan Manjhi S/o Bigan Manjhi Resident of Village - Pahiya, Bagahi, P.S. - Rivilganj, Distt. - Saran at Chapra.

4.

Sitaram Manjhi S/o Jairam Manjhi Resident of Village - Pahiya, Bagahi, P.S. - Rivilganj, Distt. - Saran at Chapra.

5.

Tanu Manjhi S/o chandradeep Manjhi Resident of Village - Pahiya, Bagahi, P.S. - Rivilganj, Distt. - Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rajani Kumari, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petition no.1.

Permission is accorded.

The petitioner nos. 2, 3, 4 and 5 apprehend their arrest in a case registered for the offences punishable under Sections 323, 377, 511, 504, 506, 354/34 of the Indian Penal Code read with Sections 6 and 8 of the POCSO Act.

Patna High Court CR. MISC. No.8596 of 2022(2) dt.02-09-2022 2/3 The informant alleges that on 12.12.2020, her minor son on account for attending the call of nature had gone in the jungle near railway line where Manmohan Manjhi (petitioner no.1) had committed unnatural offence with her son, later when her son came back home, he disclosed about the occurrence, accordingly the informant reached the house of the petitioner where it is alleged that accused persons started abusing her and further assaulted her with fist and Harendra Manjhi even tore her blouse.

Learned counsel for the petitioners submits that petitioner nos. 2 to 5 are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that the thrust of the allegation was against petitioner no.1 against whom the anticipatory bail application has been withdrawn and rest of the petitioners being family members of the petitioner no. 1 came to be implicated with allegation of assault and tearing of blouse of the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 2, 3, 4 and 5, in the event of their arrest or surrender before the learned Court

Patna High Court CR. MISC. No.8596 of 2022(2) dt.02-09-2022 3/3 below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Revilganj P.S. Case No. 356 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/Gaurav U T