Angaj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54641 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- NALANDA District- Nalanda ====================================================== 1.

ANGAJ MANJHI Son of Late Rupan Manjhi Resident of VillageMuzaffarpur, P.S.- Nalanda, District- Nalanda. 2.

Shravan Manjhi Son of Angaj Manjhi Resident of Village- Muzaffarpur, P.S.- Nalanda, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP For the Informant :

Mr. Birendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners, informant and learned APP for the State.

The petitioners are languishing in custody since 13.06.2019 in a case registered for the offences punishable under Sections 341, 323, 504, 506, 354 and 308/34 of the Indian Penal Code.

The prosecution case is that on 26.05.2019 at 8.00 P.M., the petitioners and co-accused, Raj Kumari Devi started abusing the informant, namely, Saroj Devi and when the mother of the informant, Sarvatiya Devi came to rescue, coaccused Raj Kumari Devi assaulted her by means of lathi, as a result, she sustained injury on her body and ear. It is

Patna High Court CR. MISC. No.54641 of 2019(5) dt.20-11-2019 2/3 specifically alleged that petitioner no.1, Angaj Manjhi snatched Rs.40,000/- from the mother of the informant and petitioner no.2, Shravan Manjhi snatched a gold ear-ring from the ears of the mother of the informant. Subsequently, the mother of the informant succumbed to the injuries. It is submitted by learned counsel for the petitioners that the accusation of assault has not been levelled against the petitioners. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. It is further submitted that though the petitioners were granted anticipatory bail by the learned Court below vide ABP No. 1348 of 2019, but before furnishing the bail bonds, they were arrested by the police.

Learned APP for the State after going through the case diary submits that the petitioners are named in the FIR with specific accusation of snatching of Rs.40,000/- and ear rings from the mother of the informant.

Considering the accusation of assault not being levelled against the petitioners, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of

Patna High Court CR. MISC. No.54641 of 2019(5) dt.20-11-2019 3/3 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Bihar Sharif in connection with Nalanda P.S. Case No. 81 of 2019.

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