Shiv Balak Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75323 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- MADHAURAH District- Saran ====================================================== 1.

Shiv Balak Manjhi Son of Late Bhangi Manjhi 2.

Dharmendra Manjhi Son of Shiv Balak Manjhi 3.

Sangeeta Devi Wife of Shiv Balak Manjhi 4.

Santosh Manjhi Son of Surendra Manjhi 5.

Parmila Devi Wife of Santosh Manjhi All resident of Village-Manpur, P.S.- Sonpur, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rajani Kumari For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2019 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are apprehending their arrest in Marhowrah P.S. Case no. 113/2019 registered under sections 307, 379 and other allied section of the IPC.

It is submitted by counsel for the petitioners that from the impugned order, it is apparent that investigation has revealed that cause of dispute is on account of grazing of goat in the wheat field. Doctor also found only low back pain. Injuries therefore, apparently do not corroborate the allegation made in the F.I.R. Entire family members of the petitioners have been made accused on extraneous consideration. In spite of the fact

Patna High Court CR. MISC. No.75323 of 2019(3) dt.20-12-2019 2/2 that allegation is that there is fracture of spinal chord, x-ray was not got done by alleged injured.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Marhowrah P.S. Case no. 113/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U