Dhuni Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79683 of 2019 Arising Out of PS. Case No.-103 Year-2018 Thana- SHEIKHOPUR SARAI District- Sheikhpura ====================================================== DHUNI MANJHI Son of Balo Manjhi Resident of Village-Mahanandpur, P.S.- Shekhopur Sarai, District-Sheikhpura.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Pankaj Kumar, Advocate.
For the Opposite Party:
Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 149, 341, 323, 325, 307, 504, 506 of the Indian Penal Code registered in connection with Shekhopur Sarai P.S. Case No. 103 of 2018.
3. It is submitted that the petitioner has been falsely implicated on the accusation of having assaulted the informant with khanti in his left eye and also assaulted his daughter with khanti on her head and other family members injuring them seriously. There is case and counter case between the parties. The accusation of assault is general and omnibus in nature and there is no injury report on record to corroborate the accusation of assault. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond
Patna High Court CR. MISC. No.79683 of 2019(2) dt.05-12-2019 2/2 of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 103 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond, that no grievous injury has been caused to the informant and his daughter; conversely, his bail bond shall stand automatically cancelled.
(Vikash Jain, J) Ibrar//- U T