Dharmendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55351 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- DELHA District- Gaya ====================================================== 1.

Dharmendra Manjhi Son Of Late Krishna Manjhi 2.

Shivam Kumar Son Of Dharmendra Manjhi 3.

Sonam Kumari D/O- Dharmendra Manjhi 4.

Suraj Kumar Son Of Dharmendra Manjhi 5.

Kaushalaya Devi @ Kaushiya Devi Wife Of Krishna Manjhi All R/V- Mohalla- Kharkhura, P.S.- Delha, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the IPC in connection with Delha P.S. Case No.19 of 2024.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and pettitioner no.3 and 5 are women and the informant alleges that on

Patna High Court CR. MISC. No.55351 of 2024(2) dt.02-09-2024 2/3 26.01.2024 in the morning the accused persons including the petitioners were quarreling amongst themselves in an intoxicated condition and when the informant tried to pacify them when it is alleged that the accused persons assaulted him by an iron rod causing injury and even assaulted his son who fell on the ground.

4. The learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of assault is not specific that as to who assaulted the informant and his son by rod. It is further submitted that the order impugned even record that the injuries are simple in nature but then are on vital part of the body. It is thus submitted that since allegation of assault is not specific and injuries are simple that amply demonstrates that petitioners never had any intention of committing a serious occurrence.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of

Patna High Court CR. MISC. No.55351 of 2024(2) dt.02-09-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Ist, Gaya in connection with Delha P.S. Case No.19 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T