Harsahay Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42485 of 2022 Arising Out of PS. Case No.-121 Year-2022 Thana- KHAIRA District- Jamui ====================================================== 1.
HARSAHAY MANJHI Son of Jageshwar Manjhi Resident of villageKhaira, P.S- Khaira, Dist- Jamui 2.
Suraj Manjhi Son of Sarsahay Manjhi Resident of village- Khaira, P.SKhaira, Dist- Jamui 3.
Kiran Devi Wife of Harsahay Manjhi Resident of village- Khaira, P.SKhaira, Dist- Jamui 4.
Bhola Manjhi Son of Lakhendar Manjhi Resident of village- Khaira, P.SKhaira, Dist- Jamui 5.
Lakhendar Manjhi Son of Jageshwar Manjhi Resident of village- Khaira, P.S- Khaira, Dist- Jamui 6.
Ganesh Manjhi Son of Saryug Manjhi Resident of village- Khaira, P.SKhaira, Dist- Jamui 7.
Dhanpati Devi Wife of Manoj Manjhi Resident of village- Khaira, P.SKhaira, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Munish Kumar, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner nos. 1, 2, 4 and 5 as they have been arrested during pendency of the anticipatory bail application. Permission is accorded.
Patna High Court CR. MISC. No.42485 of 2022(2) dt.22-08-2022 2/3 The petitioner nos. 3, 6 and 7 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 504, 325 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that accused persons came to his house and started abusing him and on protest, accused Harsahay Manjhi and Bhola Manjhi assaulted the informant on head and hand causing injury and when Kamli Devi came to save him, she was assaulted by accused persons on head and body and when Genda Devi came to save Kamli, she was also assaulted by the accused persons causing fracture of hand and even tore her saree and they took away silver chain.
Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that allegation of assault is against Harsahay Manjhi and Bhola Manjhi and allegation of assault against rest of the accused persons is general and omnibus in nature i.e., no specific allegation has been alleged. Learned counsel next submits that petitioner nos. 3 and 7 are women and as far as petitioner no. 6, Ganesh Manjhi is concerned, the allegation is not specific against him.
Patna High Court CR. MISC. No.42485 of 2022(2) dt.22-08-2022 3/3 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 petitioner nos. 3, 6 and 7, in the event of their arrest or surrender before the learned Court below 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 court below where the case is pending/successor court in connection with Khaira P.S. Case No. 121 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T