Sito Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12838 of 2017 Arising Out of PS.Case No. -351 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================

1. Sito Manjhi, son of Sohar Manjhi

2. Surendra Manjhi, son of Sohar Manjhi, Both are residents of village - Bhagaunsa, Police Station - Wazirganj, District - Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Wazirganj P.S. Case no. 351 of 2015, registered under Section 341, 323, 504 and 302/34 of the Indian Penal Code. The accusation is that five persons named in the F.I.R., including the petitioners, reached at the house of informant and started abusing him. In the meantime, mother of the informant rushed there and tried to convince then Basant Manjhi caused injury at the head of his mother through belt. When informant rushed to save then both the petitioners gave threatening to him for dire consequences. Thereafter, mother of the informant rushed to the hospital where she died on 19.08.2015.

Learned counsel for the petitioners submits that while

Patna High Court Cr.Misc. No.12838 of 2017 (2) dt.25-04-2017 2/2 occurrence is held on 08.08.2015 and deceased died on 19.08.2015 and after eleven days, the informant lodged this case on 20.08.2015, but there is no explanation about delay of lodging of F.I.R. Moreover, no specific overt act has been attributed against the petitioners. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Gaya in connection with Wazirganj P.S. Case No. 351 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T