Surendra Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.42665 of 2015 (2) dt.09-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42665 of 2015 Arising Out of PS.Case No. -162 Year- 2015 Thana -MASAURHI District- PATNA ====================================================== SURENDRA MANJHI S/O RAJENDRA MANJHI, R/O VILLAGE - JAMALPUR, P.S. - MASAURHI, DISTRICT - PATNA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Masaurhi P.S. Case No. 162 of 2015 registered under Sections 341, 323, 354B and 504/34 of the Indian Penal Code. The allegation of informant, Jhagru Mochi, is that on 11.05.2015, in the evening at 4 PM, his daughter Sangeta Devi, had gone to attend the nature call, in the meantime, petitioner caught hold her hand with bad intention. When, Sangeeta Kumari raised alarm then her mother Sunaina Devi reached there. At that time, petitioner assaulted to Sunaina Devi and her daughter. The cause of occurrence shown as uplift of hand-pump. Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.42665 of 2015 (2) dt.09-10-2015 petitioner and the informant are agnates and due to dispute of hand-pump, occurrence took place and hot talk were exchanged between the petitioner and informant but due to ulterior motive this false case has been lodged against the petitioner. It is further submitted that regarding the same occurrence mother of the petitioner has also lodged a complaint case bearing Complaint Case No. 165 of 2015.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Masaurhi, in connection with Masaurhi P.S. Case No. 162 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T