Munna Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58672 of 2021 Arising Out of PS. Case No.-65 Year-2020 Thana- JANTA BAZAR District- Saran ====================================================== 1.

MUNNA MANJHI S/o- Oshihar Manjhi Resident of Village - Basahi, P.S. - Janta Bazar, District - Saran.

2.

Anjali Devi W/o Munna Manjhi Resident of Village - Basahi, P.S. - Janta Bazar, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP For the Informant :

Mr. Arif Daula Siddiqui, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 148, 149, 323, 324, 325, 379, 376 and 511 of the Indian Penal Code. It is a case of assaulting and attempt of rape upon the informant by petitioner no.1 as well as other co-accused Rajesh Manjhi.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is case and counter case between the parties and allegation against petitioner no.1 is of attempting to

Patna High Court CR. MISC. No.58672 of 2021(3) dt.04-07-2022 2/3 commit rape because both parties, i.e., informant and petitioners belong to the same vicinity. He further submits that there is general and omnibus allegation against petitioner no.2 In contra, learned counsel for the Informant submits that there is specific allegation of attempting to rape against petitioner no.1 and the informant is an unmarried girl and the present scenario alleged offence is heinous in nature. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, namely, Anjali Devi who is a lady, in the event of her arrest or surrender within a period of four 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 Smt. Anupma, Judicial Magistrate, Saran at Chapra in connection with Janta Bazar P.S. Case No. 65 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far petitioner no.1, namely, Munna Manjhi is concerned, there is direct allegation of committing attempt of rape against him.

Accordingly, the prayer for anticipatory bail of

Patna High Court CR. MISC. No.58672 of 2021(3) dt.04-07-2022 3/3 petitioner no.1, Munna Manjhi is dismissed.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T