Bipin Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64627 of 2021 Arising Out of PS. Case No.-1175 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

BIPIN MANJHI Son of Late Arjun Manjhi @ Dularchandra Manjhi Resident of Village - Ganghati Bishunpur, P.S. - Ahiyapur, District - Muzaffarpur.

2.

BIKRAM KUMAR @ BIKRAM MANJHI Son of Late Arjun Manjhi @ Dularchandra Manjhi Resident of Village - Ganghati Bishunpur, P.S. - Ahiyapur, District - Muzaffarpur.

3.

BALKESHARI DEVI Wife of Late Arjun Manjhi @ Dularchandra Manjhi Resident of Village - Ganghati Bishunpur, P.S. - Ahiyapur, District - Muzaffarpur.

4.

SANGEETA DEVI Wife of Dinesh Manjhi Resident of Village - Ganghati Bishunpur, P.S. - Ahiyapur, District - Muzaffarpur. 5.

DINESH MANJHI Son of Bilat Manjhi Resident of Village - Ganghati Bishunpur, P.S. - Ahiyapur, District - Muzaffarpur. 6.

CHANDANI KUMARI @ CHANDANI DEVI Wife of Bipin Manjhi Resident of Village - Ganghati Bishunpur, P.S. - Ahiyapur, District - Muzaffarpur.

7.

BHUNESHWARI DEVI Wife of Anandi Manjhi Resident of Village - Ganghati Bishunpur, P.S. - Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 302 and some other allied Sections of the Indian Penal Code.

As per the prosecution case, petitioner No. 1, 2 and 5

Patna High Court CR. MISC. No.64627 of 2021(2) dt.12-07-2022 2/3 had taken away the son of informant with them but he did not return. When the informant inquired about his son the accused persons, abused and assaulted him, committed loot-pat and also outraged the modesty of daughter-in-law and wife of the informant.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. The occurrence took place in the year 2017 but the complaint was lodged in the year 2019, after lapse of two years, without any plausible explanation. As a matter of fact son of the informant had gone outside the State for earning his livelihood but he has not returned and taking advantage of the situation petitioners have been implicated in this false case. It is further submitted that petitioner No.3 has filed Ahiyapur PS case No. 943/2019 against the informant and his family members and in retaliation the present case has been lodged in the year 2019 for the occurrence of the year 2017. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event

Patna High Court CR. MISC. No.64627 of 2021(2) dt.12-07-2022 3/3 of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur PS case No.1175/2019, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T