Jhagru Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24217 of 2019 Arising Out of PS. Case No.-35 Year-2016 Thana- SC/ST District- Jamui ====================================================== JHAGRU MANJHI Son of Pyare Manjhi, Resident of Village - Keshopur, P.S.- Jhajha, Distt.- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kailash Saw Son of Late Rameshwar Saw Resident of Village - Dhiba, P.S.- Jhajha, Distt.- Jamui.

3.

Kishore Saw Son of Tito Saw Resident of Village - Dhiba, P.S.- Jhajha, Distt.- Jamui.

4.

Mukesh Saw son of kailash saw Resident of Village - Dhiba, P.S.- Jhajha, Distt.- Jamui.

5.

Bharat Saw Son of Kailash Saw Resident of Village - Dhiba, P.S.- Jhajha, Distt.- Jamui.

6.

Ranjit Saw Son of Kailash Saw Resident of Village - Dhiba, P.S.- Jhajha, Distt.- Jamui.

7.

Futus Saw Son of Kishore Saw Resident of Village - Dhiba, P.S.- Jhajha, Distt.- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Mishra For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner has filed this petition for cancellation of bail granted to opposite party no. 2 to 7 vide order dated 12.07.2018 by learned Additional Sessions Judge, Jamui in SC/ST arising out of Jamui SC/ST P.S.Case No. 35 of 2016. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.24217 of 2019(2) dt.19-04-2019 2/3 that opposite party no. 2 to 7 after getting bail started threatening the petitioner to enter into compromise and when the petitioner refused to buckle, he was assaulted and humiliated by the opposite party no. 2 to 7. Learned counsel for the petitioner further submits that petitioner filed informatory petition before the S.D.M, Jamui which is still pending. It is further contended that up till now the bail bonds of opposite party no. 2 to 7 have not been accepted which is evident from perusal of order dated 12.07.2018 of the learned court below. Annexure-4 to the petition goes to show that the petitioner filed informatory petition before S.D.M, Jamui on 14.08.2018 but the matter is still pending for inquiry before S.D.M,Jamui and, therefore, in my view, mere filing of informatory petition before S.D.M, Jamui is not sufficient to show that opposite party no. 2 to 7 are giving threatening to the petitioner to enter into compromise.

Therefore, in my view, this cancellation petition is premature and, accordingly, the cancellation petition stands dismissed on admission stage itself.

(Hemant Kumar Srivastava, J) N.K/- U

Patna High Court CR. MISC. No.24217 of 2019(2) dt.19-04-2019 3/3