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Patna High CourtCR. MISC./19088/2015bail granted

Ramashish Manjhi And ORS v. The State Of Bihar

2015-06-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19088 of 2015 Arising Out of PS.Case No. -231 Year- 2014 Thana -KHAIRA District- JAMUI ======================================================

1. Ramashish Manjhi Son of Gujja Manjhi

2. Laxmi Devi W/o Ramashish Manjhi

3. Pawita Devi D/o Ramashish Manjhi

4. Nirmala Kumari D/o Ramashish Manjhi

5. Mamta Kumari D/o Ramashish Manjhi

6. Chhotu Manjhi Son of Late Gujja Manjhi

7. Pairiya Devi W/o Chhotu Manjhi

8. Samar Manjhi S/o Chhotu Manjhi All Resident of Village- Fatehpur, P.S.- Khaira, District- Jamui. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

16-06-2015 Heard Sri Satya Prakash Parasar, learned counsel for petitioners.

Eight petitioners, apprehending their arrest in Khaira P.S. Case No. 231 of 2014 registered for the offence under Sections 148, 149, 323, 324, 307, 452, 313 & 504 of the Indian Penal Code, have prayed for grant of bail.

Learned counsel for petitioners submits that the present F.I.R. has been lodged on the basis of a complaint filed by the complainant before the learned Chief Judicial Magistrate, Jamui, which was referred to the police under Section 156(3) of

Patna High Court Cr.Misc. No.19088 of 2015 (2) dt.16-06-2015 2/2 the Cr.P.C. He submits that as per complaint petition itself, the alleged occurrence had taken place on 14-07-2014, whereas, the complaint petition was filed after more than two months i.e. 08-10-2014. He further submits that even after filing of the present case, the complainant had filed separate complaint petition.

In view of the facts and circumstances, particularly; the fact that the complaint was filed at much belated stage, let the petitioners, namely; Ramashish Manjhi, Laxmi Devi, Pawita Devi, Nirmala Kumari, Mamta Kumari, Chhotu Manjhi, Pairiya Devi & Samar Manjhi be enlarged on bail in the event of their arrest or surrender before the court below within a period of one month from today on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri U. K. Pandey, Judicial Magistrate Ist Class, Jamui in connection with Khaira P.S. Case No. 231 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T