Shanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12014 of 2015 Arising Out of PS.Case No. -473 Year- 2014 Thana -WAJIRGANJ District- GAYA ======================================================

1. Shanti Devi Wife of Runjay Manjhi @ Sanjay Manjhi 2.Runjay Manjhi @ Sunjay Manjhi Son of Mahendra Manjhi Both Resident of Village-Bishunpura Tola Kasiya Dih P.S.-Wazirganj DistrictGaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Rajendra Singh Shastrijee(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Wazirganj Police Station Case No. 473 of 2014 registered for the offences punishable under Sections 448, 341, 323, 354, 504, 506/34 of the Indian Penal Code.

Petitioner no. 2 made attempt to outrage the modesty of informant's minor daughter and when the complaint regarding the aforesaid misdeed of petitioner no. 2, was made by parents inlaw, the petitioenrs abused and assaulted the in -laws of the informant.

The contention on behalf of the petitioners is that the occurrence is said to have taken place on 17.09.2014 and the

Patna High Court Cr.Misc. No.12014 of 2015 (2) dt.27-04-2015 2/2 present case was lodged on 18.10.2014 and no explanation of the aforesaid delay has been given. It is further contended by him that as a matter of fact, some altercation took place between the parties on account of grazing the vegetables and thereafter, the informant lodged the present case with false allegation. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is partly allowed and it is ordered that petitioner no. 1 Shanti Devi, in the event of her arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Wazirganj Police Station Case No. 473 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

So far as, petitioner no. 2 namely, Runjay Manjhi @ Sunjay Manjhi is concerned, his prayer for anticipatory bail stands rejected. However, if he surrenders and seeks regular bail within four weeks from today, the concerned court shall consider the regular bail of the petitioner no. 2 on its own merit without being prejudiced by this order.

(Hemant Kumar Srivastava, J) Namita/- U T