Subodh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36813 of 2022 Arising Out of PS. Case No.-205 Year-2020 Thana- PATAHI District- East Champaran ====================================================== 1.
SUBODH MANJHI SON OF DEONATH MANJHI @ DEVNATH MANJHI R/O-VILL- MAHMADA, P.S.- PATAHI, DIST.- EAST CHAMPARAN 2.
VIKASH MANJHI SON OF DEONATH MANJHI @ DEVNATH MANJHI R/O-VILL- MAHMADA, P.S.- PATAHI, DIST.- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 302 and 34 of the Indian Penal Code.
The informant alleges that a function was going on in her house in which music was playing, further all the accused persons including the petitioners came and asked not to play the music, on protest they assaulted the informant and when her husband came to rescue her, Deonath Manjhi assaulted him by lathi causing his death.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.36813 of 2022(2) dt.30-11-2022 2/3 petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that specific allegation of assault is against Deonath Manjhi, it is further submitted that no doubt petitioners had accompanied Deonath Manjhi but they never knew that Deonath Manjhi would assault in such a manner that would cause death of the husband of the informant. Learned counsel next submits that even the blow was not repeated, as such, there was no intention on part of Deonath Manjhi to kill the husband the informant, it is next submitted that even presuming what has been alleged is true without admitting then petitioners are not alleged to have assaulted the husband of the informant.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patathi
Patna High Court CR. MISC. No.36813 of 2022(2) dt.30-11-2022 3/3 P.S. Case No. 205 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T