Lakhindar Manjhi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15968 of 2016 Arising Out of PS.Case No. -417 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Lakhindar Manjhi, S/o Jageshwar Manjhi

2. Rajaram Manjhi, S/o Maheshwar Manjhi

3. Devindar Manjhi, S/o Jageshwar Manjhi

4. Maheshwar Manjhi, S/o Santoshi Manjhi All resident of village- Shishodih, P.S.- Sadar (Mabbi O.P.), DistrictDarbhanga .... .... Petitioners

Versus

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

For the Petitioners : Mr. Dharmendra Jha, Advocate For the State : Mr. M.K.Khare (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-05-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend their arrest in a case filed under Sections 147, 304 of the Indian Penal Code. It is contended on behalf of the petitioners that allegation set out in the first information report is improbable and a cock and bull story inasmuch as, as per the allegation, the person had died due to strangulation after two days of occurrence. It is stated in the first information report that petitioner and others wrapped the neck of the deceased, dragged him and assaulted with bricks. It appears from the order of the Sessions Judge that death

Patna High Court Cr.Misc. No.15968 of 2016 (2) dt.23-05-2016 2 / 2 was caused due to asphyxia as a result of ligature strangulation. It is contended that there is no explanation as to why immediately the case was not registered as merely it is being stated that Panchayat was to be held. Apart from above, it is stated that a person who was strangulated today cannot die after two days due to such act.

Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Darbhanga Sadar P.S. Case No. 417 of 2015, the above named petitioners, Lakhindar Manjhi, Rajaram Manjhi, Devindar Manjhi and Maheshwar Manjhi shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T