Munna Thakur @ Manohar Thakur And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45899 of 2014 Arising Out of PS.Case No. -126 Year- 2014 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Munna Thakur @ Manohar Thakur son of Late Kauri Thakur

2. Rajesh Thakur @ Rakesh Thakur son of Munna Thakur Both resident of Village - Jamin Dariyapur Borgaon, P.S. Shahkund, Sajor, Sajour, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manohar Prasad Singh For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

24-03-2015.

Heard both sides.

The petitioners seek their bail in a case under section 302 and other sections of the I.P.C.

Geeta Devi, who is informant and wife of the deceased, made allegation that on 30.7.2014, Niranjan Thakur, Bhagina of her husband, came and asked him about not inviting for the feast on the occasion of the marriage of her son. When her husband objected, Niranjan Thakur thrown him on the ground but her husband fled away. Niranjan Thakur then threw bricks on him which hit below the eye of her mother. On the same day, all the accused persons called Prakash Jha for Panchayati and brutally assaulted him.

It is submitted that the entire case appears to be concocted. The occurrence is said to have taken place on 30.7.2014. On the same day, Prakash Jha was in the hospital and he died on 31.7.2014 but no statement was recorded in the hospital.

Patna High Court Cr.Misc. No.45899 of 2014 (3) dt.24-03-2015 Thereafter, the case was lodged on 1.8.2014. No specific allegation is made against the petitioners that they assaulted Prakash Jha. Co-accused Chhabbu and Manju Devi have already been granted bail.

Considering the facts aforesaid, petitioners, named above, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bhagalpur in connection with Shahkund (Sajour) P.S.Case No.126 of 2014.

(Prabhat Kumar Jha, J.) ahk/- U T