Bishwakarma Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43295 of 2014 Arising Out of PS.Case No. -114 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Bishwakarma Manjhi
2. Vijay Manjhi
3. Manjeet Manjhi
4. Raju Manjhi @ Raju Kumar Manjhi.
All are son of Sheonath Manjhi, Resident of Mohalla-Sadha Hemnagar, P.S.-Chapra Muffasil, District-Saran at Chapra. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Raghwendra Kumar For the Opposite Party : Mr. Raj Kishor Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-03-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.
In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 327, 341, 386 and 387/34 of the I.P.C.
Allegedly, when the informant was getting constructed his boundary wall these petitioners and others reached and demanded Rs. 10,00,000/- and told that unless the payment is made boundary cannot be constructed and further caused threats to lodge case under SC/ST Act and on the order of Sanjay Manjhi accused Bishwakarma Manjhi pointed country made pistol on the chest of brother of the informant and obtained signature on a plain
Patna High Court Cr.Misc. No.43295 of 2014 (2) dt.20-03-2015 2/2 paper and also took Rs. 15,000/-.
Submission is of false implication and further that the petitioners are full brothers. Choua Dusadh had purchased the land from one Harsewak Prasad, ancestor of the informant on 03.06.2014 and name of Choua Dusadh was mutated and since then he is coming in possession over which he has constructed a dwelling house and the said Choua Dusadh had executed power of attorney in the name of Vijay Manjhi, petitioner no.2, and due to that the informant implicated the petitioners and others in this case and as such the petitioners deserve sympathetic consideration, to which the learned A.P.P. opposes.
Considering that the dispute appears purely of civil nature and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Saran at Chapra in Chapra Muffasil P.S. Case No. 114 of 2014, G.R. No. 2787 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T