Kailu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68717 of 2018 Arising Out of PS. Case No.-536 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Kailu Manjhi, Son of Anup Manjhi, Resident of Village/Mohalla-Pathra, P.S.- Barachatti (Mohanpur), District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 354B of the Indian Penal Code.

The petitioner filed an application against Karu Manjhi, the father of the informant of this case before the local Chaukidar alleging therein that Karu Manjhi has got fund of Indira Awas sanctioned showing the public land as his own land. The matter was inquired by the Surpanch and after hearing the parties, both sides were restrained to make any construction by order dated 20.07.2018. Thereafter, the present FIR has been lodged with allegation that the petitioner attempted to outrage the modesty of the informant.

Considering the background of allegation, chances of

Patna High Court Cr.Misc. No.68717 of 2018(2) dt.17-12-2018 2/2 mala fide prosecution cannot be ruled out, petitioner has got no criminal antecedent, hence, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Barachatti (Mohanpur) Police Station Case No. 536 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T