Manjay Mahto @ Manjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67221 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- PATAHI District- East Champaran ====================================================== Manjay Mahto @ Manjay Kumar Son of Bhikhari Mahto village- Dumari Baiju, Ps- Patahi, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2024 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Patahi Police Station Case No. 113 of 2024, disclosing offences punishable under Sections 341, 342, 323 and 307 of Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner called the son of the informant aged about 13 years on the pretext of playing cricket, brought him to the playground where the petitioner wrapped a rope around his neck and hanged him from a tree.
4. Learned counsel for the petitioner submits that the petitioner is aged about 19 years and there was some dispute between petitioner and informant's son while they were playing
Patna High Court CR. MISC. No.67221 of 2024(2) dt.22-10-2024 2/3 cricket. The allegation of hanging the petitioner's son with his neck on a tree is completely false. The victim boy was wearing a locket attached to a thread and during the scuffle, some tenderness has developed on the back of the neck of the informant's son. He further submits that injuries caused to the victim boy are simple in nature on the neck and back of the neck.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is 19 years old and some scuffle took place between the petitioner and victim boy and injuries caused to the victim are simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class Motihari, East Champaran, in connection with Patahi Police Station Case No. 113 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal
Patna High Court CR. MISC. No.67221 of 2024(2) dt.22-10-2024 3/3 Procedure.
(Anil Kumar Sinha, J.) Jyoti Kumari/- U T