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Patna High CourtCR. MISC./14165/2019disposed

Amarjeet Manjhi And ORS v. The State Of Bihar

2019-08-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14165 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

AMARJEET MANJHI, Son of Late Briksha Manjhi Resident of Village - Turkaha, P.S.- Phulwariya, District - Gopalganj 2.

Anirudh Manjhi Son of Rajkumar Manjhi Resident of Village - Turkaha, P.S.- Phulwariya, District - Gopalganj 3.

Raj Kumar Manjhi Son of Late Briksha Manjhi Resident of Village - Turkaha, P.S.- Phulwariya, District - Gopalganj 4.

Algu Ram Son of Dhari Ram Resident of Village - Turkaha, P.S.- Phulwariya, District - Gopalganj 5.

Brij Kishore Nonia @ Rajkishore @ Rajkishore Mahto Son of Budh Ram Nonia Resident of Village - Turkaha, P.S.- Phulwariya, District - Gopalganj ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Fulwaria P.S. Case No. 229 of 2018 registered for the offences punishable under Sections 323, 364, 386, 420, 467, 468 and 465/34 of the Indian Penal Code. Allegation against the petitioners is that they have taken husband of the informant on false plea and not allowed her to go with her husband though she was ready to go with her husband. Further allegation is that in the evening when her husband did not come back she inquired about the same from

Patna High Court CR. MISC. No.14165 of 2019(4) dt.07-08-2019 2/2 the petitioners, who abused her and her husband is still traceless. Submission of learned counsel for the petitioners is that as a matter of fact husband of the informant has executed a sale deed in favour of co-accused Munna Manji and now he has returned and his statement has been recorded by the Magistrate under Sectiion 164 Cr.P.C. in which he has not made any allegation against the petitioners.

Heard learned APP also.

In view of above facts and circumstances, this application is disposed of with direction to learned court below to examine the statement of husband of the informant and if the submission of petitioners that he has not stated anything against them, he will be released on bail to its own satisfaction, otherwise the petitioners have to surrender and pray for regular bail.

(Vinod Kumar Sinha, J) spal/- U T