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Patna High CourtCR. MISC./56419/2015disposed

Rajesh Manjhi And ORS. v. The State Of Bihar

2015-12-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56419 of 2015 Arising Out of PS.Case No. -186 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================

1. Rajesh Manjhi

2. Sojeet Manjhi

3. Kuldeep Manjhi

4. Shibu Manjhi All sons of Late Baldeo Manjhi

5. Suresh Manjhi alis Karant Manjhi, son of Late Kushar Manjhi

6. Raju Manjhi son of Late Baldeo Manjhi All R/o of the village- Amaitha, P.S.- Wazirganj at District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. A.K.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-12-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 325, 302, 367, 120B of the Indian Penal Code.

The prosecution case is that the brother-inlaw of the informant was brought near Panchayat Bhawan of village Amaitha along with Parwati Kumari by the petitioners and others, having arms in their hands and after tying the hands of both, they badly assaulted them, causing their death and thereafter, they cremated the dead bodies also at Banshi Naala.

It is submitted by learned counsel for the petitioners that accusation of assault is omnibus and general

Patna High Court Cr.Misc. No.56419 of 2015 (2) dt.16-12-2015 2/2 and considering the same co-accused have been granted anticipatory bail vide Cr. Misc. No. 39074 of 2015 and regular bail vide Cr. Misc. Nos. 30953 of 2015, 35523 of 2015, 39548 of 2015.

From the order-sheet, it appears that other co-accused have been granted bail since they are ladies. Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioners. Let learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Wazirganj P.S. Case No. 186 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Gaya.

With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T