Mantu Manjhi @ Riresh Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10682 of 2020 Arising Out of PS. Case No.-171 Year-2018 Thana- JAMOBAZAR District- Siwan ====================================================== 1.

MANTU MANJHI @ RIRESH KUMAR MANJHI Son of Shankar Manjhi Resident of Village - Raghunathpur, P.S.- Jamo Bazar, District - Siwan. 2.

Dharmendra Ram Son of Asharafi Ram Resident of Village - Raghunathpur, P.S.- Jamo Bazar, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udit Narayan Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2020 Heard Mr. Udit Narayan Singh, learned counsel for the petitioners and Mr. Binod Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioners apprehend arrest in connection with Jamo Bazar P.S. Case No. 171 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 337 of the Indian Penal Code.

Allegation against the petitioners is that the petitioner No. 2 assaulted sister-in-law (Bhavo) of the informant by means of Farsa on her head. It has further been alleged that petitioner No. 1 along with other accused persons assaulted the informant and his other family members.

Patna High Court CR. MISC. No.10682 of 2020(2) dt.30-06-2020 2/3 Learned counsel for the petitioners submits that no specific allegation is there against the petitioner No. 1. Learned counsel further submits that both the parties are co-villagers and there is land dispute between them inasmuch as for the same incidence, counter case has also been lodged by the side of the petitioners being Jamo Bazar P.S. Case No. 170 of 2018. Learned counsel referring to Annexure-4 submits that similarly situated co-accused persons have been granted bail by coordinate Bench of this Court by order dated 10.05.2019 passed in Cr. Misc. No. 10136 of 2019. Learned counsel for the petitioners also referring to Annexure-3/1 submits that the injury caused to victim Kavita Devi has been found to be simple in nature.

Having regard to the submissions made by the parties and taking into consideration the facts and circumstances involved in the case and the fact that both the parties are covillagers, there is case and counter case between them as well as the fact that victim has sustained simple injuries, I am inclined to grant anticipatory bail to the petitioners. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.10682 of 2020(2) dt.30-06-2020 3/3 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-XIII, Siwan, in connection with Jamo Bazar P.S. Case No. 171 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T