Ramashish Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49154 of 2015 Arising Out of PS.Case No. -50 Year- 2014 Thana -PARAIYA District- GAYA ======================================================

1. Ramashish Manjhi, S/o Jetan Manjhi

2. Kara Manjhi, S/o Kail Manjhi

3. Jethan Manjhi, S/o Tanak Manjhi All R/o Village- Pahara Tola Suraj Pokhar, P.S.- Paraiya, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 05-11-2015 Heard Mr. Sinha for the petitioners and Mr. Dinesh Singh APP for the State.

Apprehending their his arrest in Paraiya P.S. Case No. 50 of 2014 registered under sections 307 and 506 IPC, the petitioners have filed the present application for grant of anticipatory bail. Both parties are co-villages. On a trivial issue of grazing of field by the she goats of the petitioners, the occurrence has been committed. It is alleged that the accused persons including the petitioners cited in the FIR came armed with Lathi, Khanti Tangi etc. and assaulted the informant. When two others came to his rescue they too were assaulted.

The contention of the petitioners is that petitioner no.3

Patna High Court Cr.Misc. No.49154 of 2015 (2) dt.05-11-2015 2/2 had lodged a case relating to the same date and time of occurrence (annexure-2) alleging that the prosecution side of the present case came to their house and assaulted the two persons from the side of the informant. It is a case of simple Marpit between the two parties in which except one all injuries sustained by the injured are simple in nature.

Considering the above, in the event of arrest/surrender within four weeks from today, the petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction Smt. Partibha Judicial Magistrate, 1st Class, Gaya in Paraiya P.S. Case No. 50 of 2014 on condition that one of the bailors shall be their own/close family members. In the event of framing of charge, they shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall cancel their bail bonds.

(Kishore Kumar Mandal, J) HR/- U T