Kishori Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54095 of 2021 Arising Out of PS. Case No.-387 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

KISHORI MANJHI S/o Late Saguni Manjhi Resident of Village- Jarang Addapokhar, P.S.- Gaighat, District- Muzaffarpur. 2.

Krishna Devi W/o Kishori Manjhi Resident of Village- Jarang Addapokhar, P.S.- Gaighat, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs Nitu Kumari, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

Learned counsel for the petitioners seeks permission of the Court to withdraw the present application in respect of petitioner no. 1 as he has been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner no. 1.

The petitioner no. 2 is apprehending her arrest in a

Patna High Court CR. MISC. No.54095 of 2021(2) dt.11-05-2022 2/3 case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in short, is that the accused persons assaulted father of the informant due to which he received injuries and later succumbed to the injuries. It has been submitted on behalf of the petitioner no. 2 that she has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 2. The petitioner no. 2 has falsely been implicated in the present case. There is no allegation of assault alleged against petitioner no. 2 upon the deceased. The case has been instituted after two days of the alleged occurrence. The delay has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner no. 2 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner no. 2, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 15, Muzaffarpur in connection with Gaighat P.S. Case No. 387 of 2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No.54095 of 2021(2) dt.11-05-2022 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T