Ranjan Kumar @ Ranjan Manjhi @ ... vs The State Of Bihar
2021 Latest Caselaw 2828 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 36572 of 2020
      Arising Out of PS Case No.-177 Year-2019 Thana- BHAGWANPUR HAT District- Siwan
     ======================================================

1. Ranjan Kumar @ Ranjan Manjhi @ Rajan Manjhi, aged about 20 years, Gender-Male, Son of Nagendra Manjhi.

2. Nagendra Manjhi, aged about 45 years, Gender-Male, Son of Late Hira Manjhi.

Both are resident of Village- Mahna, Police Station- Bhagwanpur, District- Siwan.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s   :       Mr. Ashok Kumar, Advocate
     For the State          :       Mr. Ram Sumiran Rai, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ashok Kumar, learned counsel for the

petitioners and Mr. Ram Sumiran Rai, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Bhagwanpur Hat PS Case No. 177 of 2019 dated 28.08.2019,

instituted under Sections 341, 323, 324, 307, 354, 379 and 504/34

of the Indian Penal Code.

4. The allegation against the petitioners is that the

informant, who is the niece of petitioner no. 2 and her mother,

were assaulted by the petitioner no. 2 and his son petitioner no. 1. Patna High Court CR. MISC. No.36572 of 2020 dt.29-06-2021

5. Learned counsel for the petitioners submitted that the

parties are close family members, being agnates and even the

genesis is not clear, inasmuch as, it has not been stated what the

petitioners were talking among themselves against the informant,

and it is alleged that when they were confronted as to why they

were doing so, they had assaulted the informant and her mother,

but the fact is that due to land dispute, this false case has been

filed. It was submitted that the allegation against petitioner no. 2 is

general and omnibus of assault after the informant was assaulted

by petitioner no. 1 and thereafter again it is general and omnibus

with regard to assault on the mother of the informant. However, it

was submitted that only the injury report of the informant is on

record, copy of which he has also annexed as Annexure-2, which

shows that there was one lacerated wound at the back of the head

and tenderness on the left shoulder, both by hard and blunt

substance and simple in nature, but with regard to the mother of

informant, there is no injury report and further that such assault, as

per the FIR itself, is attributed to petitioner no. 1. It was submitted

that the petitioners have no criminal antecedent. Learned counsel

for the petitioners took a categorical stand that no injury report

with regard to the mother of the informant has been produced

before the police or is on record.

Patna High Court CR. MISC. No.36572 of 2020 dt.29-06-2021

6. Learned APP submitted that the petitioners being

closely related to the informant, having assaulted the minor child

and her mother shows their conduct and, thus, they do not deserve

the privilege of anticipatory bail.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner no. 2 namely, Nagendra Manjhi

be released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the learned Judicial Magistrate, 1st Class,

Siwan in Bhagwanpur Hat PS Case No. 177 of 2019, subject to

the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 and further, (i) that one of the bailors

shall be a close relative of the petitioner no. 2, (ii) that the

petitioner no. 2 and the bailors shall execute bond and give

undertaking with regard to good behaviour of the petitioner no. 2

and (iii) that the petitioner no. 2 shall co-operate with the

police/prosecution and the Court. Any violation of the terms and

conditions of the bonds or the undertaking or failure to co-operate

shall lead to cancellation of his bail bonds.

Patna High Court CR. MISC. No.36572 of 2020 dt.29-06-2021

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner no.

2, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of hearing

to the petitioner no. 2.

9. Prayer for pre-arrest bail on behalf of petitioner no. 1,

namely Ranjan Kumar @ Ranjan Manjhi @ Rajan Manjhi, stands

rejected.

10. The application stands disposed off in the

aforementioned terms.

11. However, in view of submission of learned counsel

for the petitioners, it is observed that if the petitioner no. 1 appears

before the Court below and prays for bail, the same shall be

considered on its own merits, in accordance with law, without

being prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T