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Patna High CourtCR. MISC./61254/2018bail granted

Bindu Manjhi @ Binda Manjhi And ANR v. The State Of Bihar

2018-11-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61254 of 2018 Arising Out of PS. Case No.-270 Year-2018 Thana- SARAIYA District- Muzaffarpur ======================================================

1. BINDU MANJHI @ BINDA MANJHI Son of Late Rajdeo Manjhi,

2. Durga devi @ Lgo devi, Wife of Bindu Manjhi @ Binda Manjhi Both are Resident of Village-Basantpur Patti and Raghwa Chapra, P.S.-Sariya, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 324, 307, 427, 436, 452, 457, 379, 380 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that the accused persons, variously armed, attacked on the barat party and started looting them. The accused persons set the vehicles on fire and looted the house of the bride.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.61254 of 2018(3) dt.20-11-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The present case is outburst of the case instituted by the petitioners' side vide Annexure-2 to the present application. In the said case, the informant's side is accused. The present case has been filed with oblique reasons. None is said to have been injured in course of occurrence. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -I, West, Muzaffarpur in connection with Saraiya P.S. Case No. 270/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T