Raja Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56470 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- HUSSAINGANJ District- Siwan ====================================================== Raja Manjhi S/o Late Jawahar Manjhi @ Late Jawahar Lal Paswan @ Late Jawahir Manjhi Resident of Village - Malahidih, P.S- M.H. Nagar, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Kumari Anupam, Advocate For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-09-2025 Heard Mrs. Kumari Anupam, learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Hussainganj P.S. Case No. 12 of 2025 for the offence under sections 126(2), 115(2), 118, 109(1), 352, 351(2), 303(2) and 3(5) of the BNS lodged on 13.01.2025 by the informant, Devmuni Devi.
3. As per the prosecution story, the informant alleged that while she was going to her agricultural land, the agnates started abusing her daughter, when protested, she was assaulted. The allegation against this petitioner is of using 'kudal' causing injury on her head. When the children came to the rescue, they were also assaulted. This led to the FIR.
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4. Learned counsel for the petitioner submits that there is case and counter case, exaggerated FIR is there, the injury has been found to be simple in nature, this petitioner has no criminal antecedent and the last submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant's side has alleged injuries, the petitioner on its own would like to contribute Rs. 5,000/- towards the medical assistance of the informant through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP opposes the prayer submitting that though it has been found to be simple in nature, the assault was on the head.
6. Taking into account the submissions of the parties as also that the petitioner has no criminal antecedent, case and counter-case have been lodged, injury has been found to be simple in nature, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 5,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India to be submitted to the Trial Court and to be
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7. Let the petitioner 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) with two sureties of like amount each to the satisfaction of learned C.J.M., Siwan in connection with Hussainganj P.S. Case No. 12 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T