Durgawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64321 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- MASHRAK District- Saran ====================================================== 1.

DURGAWATI DEVI W/o Mahesh Manjhi Resident of Village - Khairampur, P.S.- Mashrak, Distt.- Saran.

2.

Kalsa Devi W/o Ganesh Manjhi Resident of Village - Khairampur, P.S.- Mashrak, Distt.- Saran.

3.

rahul Manjhi @ Rahul Kumar Son of Mahesh Manjhi Resident of Village - Khairampur, P.S.- Mashrak, Distt.- Saran.

4.

Pinku Manjhi @ Pinku Kumar Son of Ganesh Manjhi Resident of Village - Khairampur, P.S.- Mashrak, Distt.- Saran.

5.

Ganesh Manjhi Son of Salaket Manjhi Resident of Village - Khairampur, P.S.- Mashrak, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mashsrak P.S. Case No.149 of 2019 registered under Sections 147, 148, 149, 341 and 302 of the Indian Penal Code. The accusation is that seven persons, named in the F.I.R., including the petitioners, who were armed with lathi and danda, started to abuse to the father of the informant at the outside of his door. At that time, on the order of Ganesh Manjhi (petitioner no.5), Mahesh Manjhi started to drag the father of the informant, after

Patna High Court CR. MISC. No.64321 of 2019(2) dt.23-10-2019 2/2 catching hold of his collar and pushed him on the ground, due to which he sustained injury and died.

Learned counsel for the petitioners submits that while the petitioner nos.1 to 4 are named in the F.I.R. but no specific overt act is attributed to them, while there is allegation against the petitioner no.5 that on his order, Mahesh Manjhi, started to drag the father of the informant, after catching hold of his collar and pushed him on the ground, due to which the father of the informant sustained injury and died. The petitioners have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Chapra, Saran, in connection with Mashrak P.S. Case No.149 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T