Patna High CourtCR. MISC./68102/2019bail rejected

Binod Manjhi v. The State Of Bihar

2019-11-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68102 of 2019 Arising Out of PS. Case No.-62 Year-2014 Thana- ROH District- Nawada ====================================================== BINOD MANJHI Son of Barho Manjhi Resident of Village - Siur, P.S.- Roh, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2019 Heard both sides.

The petitioner apprehends his arrest in Roh P.S. case No. 62/2014 registered under Section 307 and other Sections of the IPC.

The informant alleged that petitioner and other accused persons, having armed with different weapons, came and assaulted the informant, his wife and children. The petitioner, Binod Manjhi, is alleged to have assaulted Pushpa Kumari, daughter of the informant, with Lathi on her head. Ramchandra Manjhi is alleged to have assaulted the mother of the informant with Khanti on her hand.

The learned counsel for the petitioner submits that the quarreling took place due to taking water from hand pump. Pushpa Kumari received simple injuries on her head and face

Patna High Court CR. MISC. No.68102 of 2019(2) dt.06-11-2019 2/2 but it appears that petitioner assaulted eight years old child with Lathi on her head causing injury on her vital part of the body such as head and face. Of course, after X-ray no bony-lesion was found. The prayer for anticipatory bail of the petitioner was rejected by the learned Sessions Judge, Nawada in the year 2015 but the petitioner moved this court after four years from the date of rejection of his prayer for anticipatory bail. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T