Somaru Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35192 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- SAHPUR District- Patna ====================================================== SOMARU MANJHI, aged about 52 years (Male), S/o Late Rajendra Manjhi, R/o village- Sikandarpur Musahari, P.S.- Shahpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Yadav, Adv.

For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 504, 307, 302 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence petitioner alongwith other accused persons, as named in the written report, armed with lathi-danda came to the house of the informant and assaulted him and other family members causing injury. It is alleged that daughter-in-law of informant sustained bleeding injury on her right hand. Daughter of informant was assaulted by the accused persons including the petitioner from the back on his head on account of which she sustained grievous injury and died during course of treatment.

Post-mortem report of deceased Runti Kumari is available in para 36 of the case diary, wherein caused of death is opined due to

Patna High Court CR. MISC. No.35192 of 2019(3) dt.30-08-2019 2/2 haemorrhage and shock leading to BP failure caused by hard and blunt substance.

In the case diary police has mentioned in para 33 that injury on the person of injured namely Dhano Devi, Surendra Manjhi, Sadashiv Manjhi @ Sadabriksha Manjhi and Rekha Devi are simple in nature.

Learned counsel for the petitioner has submitted that there is no specific allegation against the petitioner and petitioner is in custody since 02.01.2019 and has got no criminal antecedent. The co-accused have been granted bail by the Co-ordinate Bench of this Hon'ble Court in Cr. Misc. No. 40721 of 2019 dated 08.07.2019.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Danapur, Patna, in connection with Shahpur P.S. Case No. 1 of 2019, subject to the conditions that both bailors shall be the close relative of the petitioner.

(Anjani Kumar Sharan, J) amitkumar/- U T