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Patna High Court - Orders

Nanku Devi & Anr vs The State Of Bihar on 24 June, 2015

Author: Aditya Kumar Trivedi

Bench: Aditya Kumar Trivedi

       Patna High Court Cr.Misc. No.17598 of 2015 (03) dt.24-06-2015




                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Miscellaneous No.17598 of 2015
                             Arising Out of PS.Case No. -156 Year- 2014 Thana -BAUNSI District- BANKA
                    ======================================================
                    1. Nanku Devi
                    2. Khagesh Manjhi
                                                                          .... .... Petitioner/s
                                                    Versus
                    The State of Bihar
                                                                     .... .... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s    :  Mr. Ajay Mukherjee-Advocate
                    For the Opposite Party/s : Mr. Shailendra Kr. 2 (A.P.P.)
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
                    ORAL ORDER

03   24-06-2015

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

In the background of quarrel having amongst the kids, it has been alleged against petitioner, Khagesh Manjhi to have assaulted the informant Fulmani Devi with an axe causing injury over her left hand as well as wrist. Her husband Basant Manjhi came in her rescue, during midst thereof, wife of Khagesh Manjhi namely Nanku Devi came, abused as well as began to assault. Basant Manjhi was thrashed by Khagesh Manjhi and Nanku Devi. While they were going to local Mukhiya for Panchayati, Basant Manjhi fell down and in a way to hospital, he died.

From the injury report, it is evident that informant had sustained:- (1) a scratched wound on left arm 1 c.m. long, (2) Patna High Court Cr.Misc. No.17598 of 2015 (03) dt.24-06-2015 a scratched wound on left wrist ½ c.m. long caused by hard and blunt substance simple in nature. The post mortem report divulges presence of five ante-mortem injuries, out of which, injury no.5, bruise 3" x 4" on left upper chest in middle clavicle line with fracture of 2nd, 3rd and 4th ribs has been found fatal and the cause of death which could also be caused by push and pool and the same is also apparent from the fard-beyan as well as statement of the witnesses including further statement of informant under Para- 2 of the case diary and that happens to be reason behind registration of instant case under Section 304 of the I.P.C. Petitioners are under custody since 05.03.2015.

Accordingly, petitioners, Nanku Devi and Khagesh Manjhi each are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Pankaj Chauhan, Judicial Magistrate, 1st Class, Banka in connection with Bounsi P. S. Case no.156 of 2014.

(Aditya Kumar Trivedi, J) Vikash/-

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