Lalan Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13314 of 2018 Arising Out of PS.Case No. -60 Year- 2017 Thana -NIMCHAKBATHANI District- GAYA ======================================================
1. Lalan Manjhi, S/o Dularchand Manjhi,
2. Santosh Manjhi, S/o Dularchand manjhi,
3. Rekha Devi W/o Lalan Manjhi,
4. Lakho Devi W/o Santosh Manjhi, All are R/o Village- Chousandi, P.S.- Neemchak Bathani, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2018 The petitioners are apprehending their arrest in connection with Neemchak Bathani P.S. Case No. 60 of 2017, registered for offences punishable under Sections 147, 148, 149, 323, 324, 325, 504 and 307 of the Indian Penal Code. Allegation against the petitioner nos. 1 and 2 is of assault to the informant by means of tangi and allegation against petitoner no. 3 and 4 is of assault to the wife of informant by means of fists and slaps.
It has been submitted on behalf of the petitioners that so far petitioner nos. 1 and 2 are concerned though there is allegation of assault to the informant on his head by tangi but no specific allegation has been made as to who assaulted him and so far
Patna High Court Cr.Misc. No.13314 of 2018 (2) dt.05.04.2018 2/3 petitioner nos. 3 and 4 are concerned, there is only allegation against them that they assaulted by means of fists and slaps to the wife of informant.
Heard learned A.P.P. also.
Having heard both sides, so far petitioner nos. 3 and 4 are concerned, considering the facts and circumstances of the case and nature of allegation and also that they are ladies, let the petitioner nos. 3 and 4, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM - X, Gaya, in connection with Neemchak Bathani P.S. Case No. 60 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available
Patna High Court Cr.Misc. No.13314 of 2018 (2) dt.05.04.2018 3/3 as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
So far petitioner nos. 1 and 2 are concerned, there is allegation against them that they assaulted the informant by means of tangi and opinion on injury has been kept reserved, as such, I am not inclined to release petitioner nos. 1 and 2. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T