Jamun Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61361 of 2019 Arising Out of PS. Case No.-180 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== 1.
JAMUN RAVIDAS, aged about 25 years, Male, Son of Late Ghutar Ravidas, R/o Village- Nardiganj, P.S.- Nardiganj, District- Nawada 2.
Bindo Manjhi @ Bindu Manjhi, aged about 19 years, Male, Son of Vijay Manjhi, R/o Village- Nardiganj, P.S.- Nardiganj, District- Nawada 3.
Gonga Manjhi @ Ajay, aged about 25 years, Male, Son of Vijay Manjhi, R/o Village- Nardiganj, P.S.- Nardiganj, District- Nawada 4.
Briksh Manjhi, aged about 52 years, Male, Son of Late Kailu Manjhi, R/o Village- Nardiganj, P.S.- Nardiganj, District- Nawada 5.
Doma Manjhi, aged about 22 years, Male, Son of Briksh Manjhi, R/o Village- Nardiganj, P.S.- Nardiganj, District- Nawada 6.
Pramod @ Sachin Manjhi, aged about 40 years, Male, Son of Late Majo Manjhi, R/o Village- Nardiganj, P.S.- Nardiganj, District- Nawada 7.
Chandan Manjhi, aged about 28 years, Male, Son of Briksh Manjhi, R/o Village- Nardiganj, P.S.- Nardiganj, District- Nawada 8.
Mithun Manjhi, aged about 21 years, Male, Son of Sudhir Manjhi, R/o Village- Nardiganj, P.S.- Nardiganj, District- Nawada ... Petitioners
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Birendra Kumar, Adv.
For the Opposite Party :
Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2019 The learned counsel for the petitioners submits that petitioner no. 4, Briksh Manjhi, has been taken into custody, hence, prays to withdraw the prayer for bail on his behalf. Prayer is allowed.
This application is dismissed so far petitioner no. 4, Briksh Manjhi, is concerned.
Heard learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.61361 of 2019(2) dt.14-10-2019 2/3 petitioners, i.e., petitioners 1, 2, 3, 5, 6, 7 and learned Additional Public Prosecutor for the State, who apprehend their arrest in connection with Nardiganj P.S. Case No. 180 of 2018 registered under Sections 341, 323, 307, 452, 379, 504, 506 and 34 of the Indian Penal Code.
The accusation is that at about 08.00 p.m. on 15.09.2018, petitioners, variously armed with weapons, came at the door of the informant, Pratima Devi, and started to abuse. When Azad Nutt, cousin father-in-law of the informant, made protest, then, with intention to kill Jamun Ravidas (petitioner no.
1) gave sword blow at the head of Azad Nutt and he fell down. Thereafter Chandan Manjhi (petitioner no. 7) gave the sword blow to her devar (Vampa Nutt) and brother-in-law (Ajay Nutt) and all took away the house hold articles.
The submission of the learned counsel for the petitioners is that injuries, as found on the persons of injured, are simple in nature. In fact, family members of the informant in drunken stage come at the door of the petitioners and started to create nuisance and caused assault regarding which Nardiganj P.S. Case No. 176 of 2018 was instituted on the basis of fardbeyan of Kari Devi, mother of petitioner no. 2, Binod Manjhi @ Bindu Manjhi.
Patna High Court CR. MISC. No.61361 of 2019(2) dt.14-10-2019 3/3 Having regard to the facts and circumstances of the case, let the petitioners 1, 2, 3, 5, 6, 7 and 8, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Nardiganj P.S. Case No. 180 of 2018 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Sangita Kumari, Judicial Magistrate, 1st Class, Nawada, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T