Kunal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35046 of 2023 Arising Out of PS. Case No.-706 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

KUNAL MANJHI Son of Ashok Manjhi Resident of Mohalla - North Dahiyawa Tola, P.S. - Chapra Town, Distt. - Saran at Chapra (Bihar) 2.

Lallan Manjhi Son of Chandrika Manjhi Resident of Mohalla - North Dahiyawa Tola, P.S. - Chapra Town, Distt. - Saran at Chapra (Bihar) 3.

Durga Devi Wife of Lallan Manjhi Resident of Mohalla - North Dahiyawa Tola, P.S. - Chapra Town, Distt. - Saran at Chapra (Bihar) 4.

Kalawati Devi Wife of Ashok Manjhi Resident of Mohalla - North Dahiyawa Tola, P.S. - Chapra Town, Distt. - Saran at Chapra (Bihar) 5.

Chandrawati Devi Wife of Suresh Manjhi Resident of Mohalla - North Dahiyawa Tola, P.S. - Chapra Town, Distt. - Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023

1. Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 307, 323, 354, 379, 447, 448, 504, 506, 34 of the Indian Penal Code.

3. As per the FIR, petitioner no. 1 is alleged to have assaulted on the head of the informant by means of lathi-danda. Petitioner no. 2 is alleged to have pulled the sari of Mamta Devi. Petitioner nos. 3 and 4 entered into the house of the informant

Patna High Court CR. MISC. No.35046 of 2023(2) dt.27-07-2023 2/2 and took away cash and jewelry.

4. It is submitted that the injury sustained is simple in nature. Allegation of theft and Section 354 is super-addition only to make case grave in nature.

5. Learned counsel for the State vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 Judicial Magistrate, Ist Class, Saran at Chapra in connection with Chapra Town P.S. Case No. 706 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T