Guddu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54991 of 2019 Arising Out of PS. Case No.-316 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== GUDDU MANJHI Son of Anandi Manjhi Resident of Village-Puran Bigha, Police Station-Giriyak, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranvijay Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 The petitioner apprehends his arrest in connection with Giriyak P.S.Case No. 316 of 2018 registered under Sections 302, 307, 326,354A and 448/34 of the Indian Penal Code Allegation against the petitioner, as per FIR, is that on the date of occurrence, i.e., on 21.08.2018 at about 11:30 A.M. at night, one Ranjeet Chaudhary entered into the house of the informant and tried to commit rape and when she protested, said Ranjeet Chaudhary poured kerosene oil on the body of the informant and set her on fire. It has further been alleged that when informant came out of her house, petitioner along with other accused persons were found standing in front of the house. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as from perusal of the FIR it would be evident that no overt act has been

Patna High Court CR. MISC. No.54991 of 2019(3) dt.03-09-2019 2/2 alleged against the petitioner and according to FIR, he was found standing in front of the house of the informant along with other accused persons including one lady also. He further submits that petitioner along with other had reached near the house of the informant upon hulla made by informant and had no intention to indulge in the present offence. After having heard learned counsel for the parties and taking into consideration the fact that no overt act has been alleged against the petitioner and he has got no criminal antecedent, accordingly, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-1, Nalanda at Biharsharif in connection with Giriyak P.S.Case No. 316 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.