Kishundeo Manjhi @ Rudal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21479 of 2021 Arising Out of PS. Case No.-27 Year-2019 Thana- PHENHARA District- East Champaran ====================================================== 1.

KISHUNDEO MANJHI @ RUDAL MANJHI S/o Late Jugul Manjhi Resident of Village- Rupauliya, P.S.- Phenhara, Dist- East Champaran. 2.

Premi Devi W/o Kishundeo Manjhi @ Rudal Manjhi Resident of VillageRupauliya, P.S.- Phenhara, Dist- East Champaran. 3.

Rahul Manjhi S/o Kishundeo Manjhi @ Rudal Manjhi Resident of VillageRupauliya, P.S.- Phenhara, Dist- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 354, 504 and 506 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons assaulted the family members of the informant while they were going to temple for worship. The accused persons also misbehaved with them.

Patna High Court CR. MISC. No.21479 of 2021(2) dt.13-04-2021 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Phenhara P.S. Case No. 27 of 2019/G.R. Case No. 3329 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T