Sanjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1326 of 2020 Arising Out of PS. Case No.-69 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Sanjay Manjhi Son of Late Ramfal Manjhi Resident of Village - Lavkushpur, P.S.- Chapra Muffasil, Distt - Saran at Chapra (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-03-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner, who is in custody, seeks bail in connection with Chapra Muffassil PS Case No. 69 of 2018, Sessions Trial No. 226 of 2019 registered under Sections 304 and 34 of the Indian Penal Code.

The prosecution case alleges that when the informant reached home his mother was found dead. Casting an aspersion upon the father, the informant has lodged FIR that owning to illicit relation of his father with some woman the informant's mother has been done to death.

Specific allegations made in the FIR have later on been belied by the statement of the informant recorded. The informant has specifically stated that there was no witness to the occurrence and merely on suspicion the FIR has been lodged. It is also submitted that the same stand has been taken by the sister of the informant in relation to the occurrence in question. The instant petitioner is in custody since 19.9.2018.

Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail of the

Patna High Court CR. MISC. No.1326 of 2020(3) dt.20-03-2020 2/2 petitioner is allowed.

Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge Vth, Saran at Chapra in Chapra Muffassil PS Case No. 69 of 2018, Sessions Trial No. 226 of 2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T