Nitish Kumar @ Nitish Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18742 of 2024 Arising Out of PS. Case No.-316 Year-2022 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.

Nitish Kumar @ Nitish Manjhi Son of Mukesh Manjhi @ Baharan Manjhi R/o vill - Bakhraur, Naya Tola (Dusadh Tola), P.s. - Sidhwalia, Distt. - Gopalganj 2.

Shailesh Manjhi @ Shailendra Manjhi Son of Aklu Manjhi R/o vill - Bakhraur, Naya Tola (Dusadh Tola), P.s. - Sidhwalia, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Kumar Paswan, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 384, 386, 354(B), 307, 324, 323, 504/34 of the Indian Penal Code.

3. As per the complaint case, on 11.02.2022, when the complainant was at her home, these petitioners, who are her neighbours, came to her house and demanded Rs. 10,000/- as extortion in the form of donation. It is further alleged that these petitioners misbehaved with the complainant and when her husband came to the rescue, petitioner No. 2 caught him and petitioner No. 1 assaulted on his head with lathi. During course

Patna High Court CR. MISC. No.18742 of 2024(3) dt.07-05-2024 2/2 of the quarrel, son of the complainant came running and his hand was broken.

4. Learned counsel for the petitioners submits that both parties are next door neighbours and due to the land dispute, an altercation took place between them. Injury allegedly caused by these petitioners are simple in nature. Petitioners claim clean antecedent.

5. Considering the simple nature of injury and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Gopalganj in connection with Sidhwalia P. S. Case No. 316 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T