Dharmendra Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27405 of 2018 Arising Out of PS.Case No. -130 Year- 2013 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dharmendra Manjhi, Son of Batahu Manjhi

2. Rameshwar Manjhi, Son of Yogi Manjhi Both r/o village - Musahari Tola, Basman Pur, P.S. - Muffasil, Motihari, District - East Champaran.

3. Vedamin Devi @ Vedami Devi @ Bedami Devi, Wife of Binod Manjhi, resident of village - Mishrauliya, Police Station - Chiraiya, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate. For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-06-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Motihari Muffasil P.S. Case No. 130 of 2013 instituted for the offence under Sections 366(A)/120(B) of the Indian Penal Code. Learned counsel for the petitioners has submitted that in the instant case police after investigation has submitted charge sheet on 30.11.2017 showing the petitioner No. 3 as not sent up for trial and submitted charge sheet against petitioners No. 1 and 2 along with other accused persons for the offence under Sections 366 and 376 of the Indian Penal Code and 3/4 of POCSO Act

Patna High Court Cr.Misc. No.27405 of 2018 (4) dt.27-06-2018 2/2 showing them as absconder. In such circumstances, the petitioner Nos. 1 and 2 are absconding since investigation and charge sheet has been submitted against them showing them absconder. Therefore, this Court is not inclined to grant anticipatory bail to petitioner Nos. 1 and 2. Prayer for anticipatory bail of petitioner Nos. 1 and 2 stands rejected.

Petitioners Nos. 1 and 2 may surrender before the court below and make prayer for regular bail. So far petitioner No. 3 namely, Vedamin Devi @ Vedami Devi @ Bedami Devi is concerned, police has submitted final form against her showing her as not sent up for trial. Therefore, the anticipatory bail filed on behalf of petitioner No. 3 is dismissed as withdrawn as she has no apprehension of arrest.

(Sanjay Priya, J) S.Ali/- U T