Raghu Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67333 of 2018 Arising Out of PS. Case No.-508 Year-2017 Thana- WAJIRGANJ District- Gaya ======================================================
1. Raghu Manjhi, Son of Raman Manjhi,
2. Raju Manjhi, Son of Raghu Manjhi,
3. Lalawa Devi, Wife of Raju Manjhi,
4. Arbind Manjhi @ Arbind Bharti, Son of Rampati Manjhi,
5. Purnima Bharti @ Purnima Devi, Wife of Arbind Manjhi @ Arbind Bharti,
6. Kapil Manjhi, Son of Raghu Manjhi,
7. Gauri Devi, Wife of Raghu Manjhi,
8. Binay Manjhi, Son of Rampati Manjhi,
9. Manu Manjhi @ Maun Manjhi, Son of Rampati Manjhi, All resident of Village- Bihian, P.S.- Wazirganj, District- Gaya. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Arvind Kumar Singh, Advocate For the State :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2019 As prayed, learned counsel for the petitioners is permitted to make correction in the name of petitioner no. 3 in course of the day.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The petitioners apprehend their arrest for the offences alleged under Sections 364/34 of the Indian Penal Code registered in connection with Wazirganj P.S. Case No. 508 of 2017.
4. It is submitted that the petitioners have been falsely implicated on mere suspicion and there is no objective material whatsoever to connect the petitioners with the alleged occurrence. As a matter of fact, the present first information report has been instituted in retaliation to earlier FIR bearing Wazirganj P.S. Case No. 438 of 2017 instituted by petitioner no. 7 when her daughter had gone missing. It is submitted that the informant's husband kidnapped
Patna High Court Cr.Misc. No.67333 of 2018(3) dt.01-02-2019 2/2 the daughter of petitioner nos. 1 and 7. The petitioners claim clean antecedents.
5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Gaya in connection with Wazirganj P.S. Case No. 508 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That petitioner nos. 3, 5 and 7 will be well represented and petitioner nos. 1, 2, 4, 6, 8 and 9 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
BT/Chandran (Vikash Jain, J) U T