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Patna High CourtCR. MISC./70590/2024bail granted

Sunita Devi v. The State Of Bihar

2025-01-24Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70590 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- CHAKAND District- Gaya ====================================================== 1.

Sunita Devi W/o- Gaya Manjhi @ Krishna Kumar R/o Village- Hasanpur Bhuitoli PS- Chakand District- Gaya 2.

Anoj Manjhi @ Anuj Manjhi Son of Lalesar Manjhi R/o Village- Hasanpur Bhuitoli PS- Chakand District- Gaya 3.

Manoj Manjhi Son of Lalesar Manjhi R/o Village- Hasanpur Bhuitoli PSChakand District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 324, 307, 504 and 34 of the Indian Penal Code.

3. Learned counsel appearing on behalf the petitioners submits that petitioner no. 1 has antecedent of two cases and petitioner no. 2 has antecedent of one case while petitioner petitioner no. 3 is a person with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that the informant alleges that her son Ajay on 04.06.2024 had gone for morning walk when he was assaulted

Patna High Court CR. MISC. No.70590 of 2024(3) dt.24-01-2025 2/3 by Gaya Manjhi by a rod causing injury on head. Thereafter, her son fell down and Gaya Manjhi dragged him inside his house where his family members including the petitioners assaulted by rod causing injury on mouth, hand and nose. It is further alleged that on account of injuries suffered, her son got forty stitches and his liver and intestine also got damaged.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners have been falsely implicated being the wife and agnates of Gaya Manjhi. It is further submitted that daughter of petitioner no. 1 used to study at a Study Centre at Gaya where Ajay also used to come and tease her. On the day of occurrence, while she was returning, Ajay intercepted her and started harassing her when local people noticed, he was thrashed and assaulted. It is next submitted that a complaint case has also been instituted by petitioner no. 1 against Ajay and others being Complaint Case No. 73 of 2024. It is next submitted that there is no specific allegation of assault against the petitioners. It is further submitted that even presuming what has been alleged is true without admitting then specific allegation of assaulting Ajay is against Gaya Manjhi.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.70590 of 2024(3) dt.24-01-2025 3/3

6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chakand P.S. Case No. 155 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T