Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30471 of 2023 Arising Out of PS. Case No.-484 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.

Usha Devi Wife of Supan Manjhi Resident of Village - Brahmpur, Police Station - Bhagwan Bazar, District - Saran.

2.

Mohan Manjhi Son of Cheka Manjhi Resident of Village - Brahmpur, Police Station - Bhagwan Bazar, District - Saran.

3.

Supan Manjhi Son of Sakaldev Manjhi Resident of Village - Brahmpur, Police Station - Bhagwan Bazar, District - Saran. 4.

Vikram Manjhi @ Vikrama Manjhi Son of Cheka Manjhi Resident of Village - Brahmpur, Police Station - Bhagwan Bazar, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 379, 354 and 504 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of occurrence, while the sister-in-law (Bhabhi) of informant was taking bath, co-accused Mukesh Kumar was watching her with bad intention. When the mother of informant went to the house of co-accused Mukesh Kumar to make

Patna High Court CR. MISC. No.30471 of 2023(2) dt.17-07-2023 2/3 complain, all the FIR named accused persons including petitioners committed marpit with her. Petitioner no. 1 snatched Mangalsutra and Jiutiya from the neck of mother of informant. On alarm, informant and others went there, they were also assaulted by the accused persons with lathi, danda. Co-accused Mukesh Kumar assaulted the informant with knife. Co-accused Ajay Manjhi gave repeated knife blows to Rahul. Thereafter, informant and Rahul were taken to the hospital for treatment.

4. It is submitted that petitioners have been falsely implicated in this case. Specific accusation of assault is against other co-accused persons. So far as petitioners are concerned, there is general and omnibus allegation. Allegation of snatching gold ornaments is super addition to make the case grave. There is case and counter case. Petitioners claim clean antecedents.

5. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Saran, Chapra in connection with Bhagwan Bazar P.S. Case

Patna High Court CR. MISC. No.30471 of 2023(2) dt.17-07-2023 3/3 No. 484 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T