Deonath Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9908 of 2019 Arising Out of PS. Case No.-107 Year-2018 Thana- AANDAR District- Siwan ======================================================
1. Deonath Manjhi Son of Late Gulli Manjhi Residents of Village- Balaipur, Police Station- Ander, District- Siwan.
2. Chottelal Manjhi Son of late Gulli Manjhi Residents of Village- Balaipur, Police Station- Ander, District- Siwan.
3. Kamaldeo Manjhi Son of Late Gulli Manjhi Residents of Village- Balaipur, Police Station- Ander, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 307, 323, 324, 354, 447 of the Indian Penal Code.
The prosecution case, in brief, is that while the complainant/informant was sitting in front of his house, the accused persons having armed with Lathi, Stick and bricks, came there and started using foul language and also started assaulting the wife of the complainant.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no
Patna High Court Cr.Misc. No.9908 of 2019(2) dt.19-02-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. The alleged incident is alleged to have taken place on 08-10-2017 and the complaint was filed on 24-01-2018 and thereafter, FIR was instituted u/S 156(3) of the Cr. P.C. The delay in lodging the case has not been explained by the prosecution. There is land dispute between the parties.There is no injury report on record to ascertain whether an offence u/S 307 of the Indian Penal Code is made out or not. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Siwan in connection with Ander P.S. Case No. 107 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T