Bholu Manjhi @ Bhola Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54303 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- LADAIYATAR District- Munger ====================================================== 1.
Bholu Manjhi @ Bhola Manjhi S/O Bano Manjhi R/O Village- Bhikhakita, P.S- Laraiyatand, Dist.- Munger.
2.
Sakunwa Devi @ Sakuna Devi W/O Bholu Manjhi @ Bhola Manjhi R/O Village- Bhikhakita, P.S- Laraiyatand, Dist.- Munger. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Kamal Nayan, Adv.
For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-02-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Laraiyatand P.S. Case No. 31 of 2024 for the offence under Sections 341, 323, 307, 324 and 34 of the I.P.C.
3. As per the prosecution story, informant namely Sakhiya Devi alleged that on 18.03.2024 at about 8:00 A.M. Bholu Manjhi and Sakunwa Devi have came at her house and assaulted her by means of axe (tengari) on her head as such the informant sustained injury. The accused persons have also broken informant's hand.
4. Learned counsel for the petitioners submits that petitioners are quite innocent and have falsely been implicated
Patna High Court CR. MISC. No.54303 of 2024(6) dt.24-02-2025 2/3 in this case. He further submits that the alleged occurrence took place on 18.03.2024 and the instant case has been lodged on 19.03.2024, even though the police station is situated near about 2 K.M. from the place of occurrence.
5. Learned APP opposes the prayer of anticipatory bail.
6. As per the F.I.R., on the alleged date of occurrence, both accused petitioners came at the house of Sakhiya Devi (informant) and assaulted her by means of axe (tengari) on her head due to which she sustained injuries and her hand got fractured. It is also alleged in F.I.R. that without any reasons accused petitioners have assaulted her. In case dairy at para 4, 5 & 6, all the witnesses have supported the alleged occurrence. Injury report issued by primary health centre has been mentioned, from perusal of which it appears that the injured Sakhiya Devi has sustained four injuries out of which two injuries have been inflicted on head and the opinion of three injuries have kept reserved and injury no. 4 have been found simple in nature.
7. Keeping in view the aforesaid facts, application for anticipatory bail of petitioner no. 1 - Bholu Manjhi stands rejected.
Patna High Court CR. MISC. No.54303 of 2024(6) dt.24-02-2025 3/3
8. So far as petitioner no. 2 - Sakunwa Devi is concerned, she is a lady so, considering the above fact, anticipatory bail application of petitioner no. 2 is allowed.
8. Let the petitioner no. 2 - Sakunwa Devi @ Sakuna Devi be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate - Ist Class, Munger in connection with Laraiyatand P.S. Case No. 31 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) prabhakar/- U T