Case Facts:
Patna High Court Cr.Misc. No.17335 of 2011 (2) dt.24-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17335 of 2011 ====================================================== Manshi Manjhee son of Late Prasad Manjhi, resident of village-Lahezi, P.S.-Basantpur, District-Siwan. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Rani Devi wife of Vinod Manjhi, resident of village-Lahezi, P.S.- Basantpur, District-Siwan. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 24-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is challenging the order dated 16.6.2010 which is arising from Complaint Case No. 517/2010 in which the court below has taken cognizance under [STATUTE] . According to the F.I.R., the accused person armed with lathi, bhala, garasa, tanga and countrymade pistol came to her door and abused her by calling bad names. The accused person threatened that they will kill the family members of the complainant if they come in their way. The complainant due to fear went inside her house on which the accused person also entered into her house and Munshi Manjhee caught her hand. It has been further alleged that Guthani Manjhi torn her sari & Patna High Court Cr.Misc. No.17335 of 2011 (2) dt.24-02-2012 blause and accused Dinanath Manjhee, Lalan Manjhee, Birendra Manjhee and Satyendra Manjhee dragged the complainant out of the house in semi-nude condition. It has been further alleged that not only they caused bodily harm, they had also snatched a Gold chain worth Rs. 9,000/-. Looking to the nature of the complaint petition, the petitioner submits that it is only dispute with regard to one decimal of land which was allotted by State of Bihar. It is really the complainant side who are trespasser and for that they came before the Court twice and on the direction of this Court, petitioners were given possession of the land when the police lodged the case against the complainant family including her husband in retaliation case has been settled. It is very difficult to examine the defence of the petitioner at this stage. This petition is, accordingly, dismissed However, this Court gives liberty to the petitioner to raise all the points before the court below at the time of framing of charge. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.