Chandra Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17765 of 2018 Arising Out of PS. Case No.-456 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================
1. Chandra Manjhi Son of late Ganesh Manjhi
2. Jhigan Manjhi Son of Chandra Manjhi
3. Manoj Manjhi Son of Chandra Manjhi
4. Guddu Manjhi Son of Bindeshwari Manjhi
5. Jitu Mahto Son of late Ramtahal Prasad All are Resident of Village Sirsa Batrailia, P.S. Mufasil, District East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar For the Opposite Party/s :
Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Mufasil P.S. case no. 456/17 instituted for the offence under Section(s) 341, 342, 323, 324, 354(B), 307, 504, and 506/34 of the Indian Penal Code and Section 3⁄4 Dain Act.
Learned counsel for the petitioners submits that all the sections are bailable except sections 354(B), 307 and 3⁄4 Dian Act. It is further submitted that instant case is counter blast of Mufasil P.S. case no. 457 of 2017 lodged by Ram Devan Manjhi against informant and her family members.
In the written report it is alleged that accused persons
Patna High Court Cr.Misc. No.17765 of 2018(3) dt.08-05-2018 2/3 assaulted the son of the informant and when informant went to place of occurrence, the accused persons attempted to outrage her modesty by tearing her cloth and also called her Dian. The case diary has been received. The injury report of the son of the informant and other injured are available in the case diary. The doctor has found all the injuries to be simple in nature.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Mufasil P.S. case no. 456/17 , they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran, Motihari subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper
Patna High Court Cr.Misc. No.17765 of 2018(3) dt.08-05-2018 3/3 with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T