Patna High CourtCR. MISC./54594/2017bail granted

Ramashish Manjhi And ORS v. The State Of Bihar

2017-12-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54594 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -THAWE District- GOPALGANJ ======================================================

1. Ramashish Manjhi, Son of Late Jagdeo Manjhi,

2. Prabhawati Devi W/o Ramashish Manjhi,

3. Ranu Manjhi Son of Ramashish Manjhi, All are R/o Village- Bhushav Derapar, P.S.- Thawe, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. B.N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2017 Heard learned counsel for the petitioners, the informant and the State.

The petitioners seek bail in connection with Thawe P.S. Case No. 124 of 2017 dated 05.08.2017 instituted for the offences under Sections 302 and 34 of the Indian Penal Code. The petitioners who are named in the FIR along with others are alleged to have assaulted the deceased. It has been alleged that while petitioner no. 1 was trying to divert the flow of rain water towards the house of the informant, the husband of the informant protested. On such protest, the husband of the informant (deceased) was assaulted by the petitioners and others. In the FIR, it has been specifically stated that during the fight, one Ramu

Patna High Court Cr.Misc. No.54594 of 2017 (3) dt.06-12-2017 Manjhi, another co-accused gave a fatal blow by a Tangi on the head of the deceased. The post-mortem report reveals that the death was because of the injury authored by the aforesaid Ramu Manjhi.

Regard being had to the aforesaid fact that against the petitioners there is only a general and omnibus allegation of assaulting the deceased and the period of custody, which is from 06.08.2017, this Court is inclined to grant bail to the petitioners. In the facts and circumstances, the petitioners above named are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 124 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T