Rama Nand Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13409 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Rama Nand Manjhi Son of Late Mungeshwar Manjhi Resident of VillageAngra, P.S.-Dobhi District-Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhirendra Kumar, Advocate.

For the Opposite Party : Ms. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2016 The investigating officer is present in Court personally. His personal appearance is dispensed with.

Heard both sides.

The petitioner apprehends his arrest in Sherghatti (Dobhi) P.S. Case No. 20 of 2016 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that on 23.12.2015 Rama Nand Manjhi and others were quarreling each other. When the informant went to Rama Nand Manjhi he began to abuse the informant on such Deonandan Manjhi came and assaulted the informant with Tangi on his head. The petitioner Rama Nand Manjhi is also alleged to have assaulted the informant with Lathi. It is further

Patna High Court Cr.Misc. No.13409 of 2016 (5) dt.18-08-2016 2/3 alleged that the petitioner and Deonandan Manjhi also assaulted the brother of the informant.

It is submitted that from perusal of Annexure-2, it would appear that Jitendra Manjhi, the informant got one injury on his head and he did not get any other injury on any part of his body. The petitioner is elder brother of Deonandan Manjhi that is why he has falsely been implicated in the case. Learned APP however opposed the prayer for anticipatory bail of the petitioner.

It appears that the petitioner Rama Nand Manjhi is alleged to have assaulted Jitendra Manjhi with Lathi on his body and he is also alleged to have assaulted the brother of Jitendra Manjhi with Lathi but the investigating officer send the case diary without injury report. The investigating officer was summoned even then he has not produced the final injury report of either Jitendra Manjhi or Kailash Manjhi. Deonandan Manjhi is alleged to have assaulted with Tangi on head of Jitendra Manjhi and Kailash Manjhi and the petitioner is alleged to have assaulted with Lathi on the body of Jitendra Manjhi and Kailash Manjhi but no grievous injury was found on Jitendra Manjhi and Kailash Manjhi. Considering the facts aforesaid, the petitioner above named, in the his of their arrest or surrender before the court

Patna High Court Cr.Misc. No.13409 of 2016 (5) dt.18-08-2016 3/3 below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghatti, Gaya in Sherghatti (Dobhi) P.S. Case No. 20 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T