Wakil Manjhi @ Bakil Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52275 of 2018 Arising Out of PS. Case No.-160 Year-2018 Thana- RIVILGANJ District- Saran ======================================================

1. Wakil Manjhi @ Bakil Manjhi, S/o Late Bhagaran Manjhi,

2. Suresh Manjhi

3. Gautam Manjhi Both S/o Puran Manjhi, null

4. Basisth Manjhi

5. Fulena Manjhi Both S/o Puran Manjhi,

6. Pankaj Manjhi S/o Wakil Manjhi,

7. Lallan Manjhi

8. Baliram Manjhi Both S/o Late Bhageran Manjhi.

9. Uday Manjhi,

10. Prayag Manjhi Both S/o Late Adalat Manjhi, 11.Jaiprakash Manjhi

12. Santosh Manjhi

13. Anil Manjhi Respondent no. 11 to 13 S/o Shivkumar Manjhi,

14. Bhushi Manjhi @ Bhushan Manjhi @ Suraj Manjhi, S/o Late Amarnath Manjhi, All R/o Vill.- Repura, P.S.- Rivilaganj, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 324, 307, 354, 427, 325 and 448 of the Indian Penal Code.

The prosecution case, in short, is that the niece and daughter-in-law of the informant while going to attend the call of nature were flirted and on hulla, the accused persons

Patna High Court Cr.Misc. No.52275 of 2018(2) dt.06-09-2018 2/3 assaulted them and also others of their side with rod and sword. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is a case and counter case between the parties. Both the parties are agnates. The occurrence had taken place due to land dispute. As per the allegation, petitioner no. 2 is said to have assaulted Suganti Devi. Opinion regarding nature of injury has been kept reserved. Petitioner no. 4 is alleged to have assaulted Jiramati Devi. Nature of injury is said to be simple in nature. Petitioner no. 5 is alleged to have assaulted Bholi Manjhi. The nature of injury is said to be simple in nature. Petitioner no.

6 is alleged to have assaulted Shailesh Manjhi. Nature of injury is said to be simple and petitioner no. 13 is alleged to have assaulted the informant and the nature of injury is said to be simple. As far as petitioner nos. 1, 3, 7, 8, 9, 10, 11, 12 and 14 are concerned, there is no allegation of assault against them. Hence, no offence under Section 307 IPC is made out. General and omnibus allegations have been levelled against them.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Patna High Court Cr.Misc. No.52275 of 2018(2) dt.06-09-2018 3/3 Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIII, Saran at Chapra in connection with Rivilganj P.S. Case No. 160 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T