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Patna High CourtCR. MISC./1540/2015bail granted

Bodha Manjhi And ORS. v. The State Of Bihar

2015-01-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1540 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bodha Manjhi Son of Late Dukhi Manjhi

2. Sodha Manjhi Son of Late Dukhi Manjhi

3. Rajesh Manjhi Son of Late Sodha Manjhi All are resident of Behra, P.S. Sikta, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhagya Narayan Jha, Advocate. For the Opposite Party/s : Mr. P.N.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-01-2015 Heard both sides.

The petitioners seek bail in Sikta P.S. Case No. 65 of 2014, corresponding to Sessions Trial No. 698 of 2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

The informant named seven persons and alleged that all the accused persons came and assaulted the father of the informant and uncle. Binod Manjhi is alleged to have assaulted Moti Lal Manjhi on the head with Lathi and Moti Lal Manjhi fell down and died. Thereafter, all the other accused persons including the petitioners are alleged to have assaulted Moti Lal Manjhi.

Patna High Court Cr.Misc. No.1540 of 2015 (3) dt.20-01-2015 Learned counsel for the petitioners submits that there is only one injury on the head of Moti Lal Manjhi and the aforesaid injury is attributed to Binod Manjhi. The allegation of assault by the petitioners is false.

Having considered the facts aforesaid, and the fact that Binod Manjhi is alleged to have assaulted Moti Lal Manjhi with Lathi on his head, thereafter, these petitioners are alleged to have assaulted Moti Lal Manjhi but there was no corresponding injury and the doctor found only one injury on the head of Moti Lal Manjhi on account of which he died, the petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah in connection with Sikta P.S. Case No. 65 of 2014, corresponding to Sessions Trial No. 698 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T