Ramadhar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71783 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.
Ramadhar Manjhi Son of Late Keshar Manjhi R/V- Bhola Bigha, Tola Gangia Tand, P.S- Magadh University, Dist- Gaya 2.
Ravi Kumar Manjhi Son of Ramadhar Manjhi R/V- Bhola Bigha, Tola Gangia Tand, P.S- Magadh University, Dist- Gaya 3.
Santosh Manjhi Son of Manoj Manjhi @ Manju Manjhi R/V- Bhola Bigha, Tola Gangia Tand, P.S- Magadh University, Dist- Gaya 4.
Charkhu Manjhi Son of Darogi Manjhi R/V- Bhola Bigha, Tola Gangia Tand, P.S- Magadh University, Dist- Gaya 5.
Binod Manjhi Son of Badho Manjhi R/V- Bhola Bigha, Tola Gangia Tand, P.S- Magadh University, Dist- Gaya 6.
Nagina Manjhi Son of Jagrup Manjhi R/V- Bhola Bigha, Tola Gangia Tand, P.S- Magadh University, Dist- Gaya ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners in the present case are seeking prearrest bail in connection with Magadh University P.S. Case No. 19 of 2022 registered for the offences punishable under Sections 147, 149, 448, 341, 323, 354, 504 of the Indian Penal Code. They have got no criminal antecedent.
As per the prosecution story, on 30.01.2022 at about 08:30 PM in drunken condition Charkhu Manjhi and other FIR
Patna High Court CR. MISC. No.71783 of 2022(2) dt.15-05-2023 2/3 named accused persons along with other accused persons molested the informant and her grandmother. They even threatened to shoot Satyendra Manjhi within 2 to 4 days, if they don't flee away form the village.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that the petitioners and informant are covillagers and there is a long back dispute between both the parties and that they are being framed in a dirty village politics. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
Having regard to the facts and circumstances of the case, in the nature of the allegations and the previous case lodged by the son of petitioner no. 1, this Court directs release of the petitioners on bail in the event of their arrest or surrender within a period of four weeks from today in connection with Magadh University P.S. Case No. 19 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO-cum-ADJ VI, Gaya, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. And further condition that the court below shall verify
Patna High Court CR. MISC. No.71783 of 2022(2) dt.15-05-2023 3/3 the criminal antecedent of the petitioners and in case, at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
This application stands allowed.
(Rajeev Ranjan Prasad, J) tusharika/- U T