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Patna High CourtCR. MISC./5957/2016bail granted

Raman Manjhi v. The State Of Bihar

2016-02-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5957 of 2016 Arising Out of PS.Case No. -187 Year- 2014 Thana -KAKO District- JEHANABAD ======================================================

1. Raman Manjhi Son of Haricharan Manjhi Resident of Village Kisunpur, P.s Kako, (Bhelawar )District Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kako P.S. Case No. 187 of 2014 registered for the offences punishable under Sections 341, 324, 326, 307, 504/34 of the Indian Penal Code.

Allegedly, the mother of the informant was assaulted by the petitioner and co-accused Mithilesh Manjhi and against Mithilesh Manjhi there is specific allegation that he assaulted with sickle on left cheek, right eye, and on the palm and neck of the mother of the informant and this information was given by Dharmendra Kumar and then the informant went there and saw both accused persons fleeing away.

Patna High Court Cr.Misc. No.5957 of 2016 (2) dt.19-02-2016 2/2 Submission is of false implication and that the petitioner was made victim of the circumstances, petitioner was empty handed, there was no intention to commit murder as there was no intervening situation and as such the offence under Section 307 IPC is not made out and further specific allegation is against co-accused Mithilesh Manjhi not against the petitioner. Learned A.P.P. fairly submits that specific allegation is against the Mithilesh Manjhi.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Judge-1V, Jehanabad, in connection with Kako P.S. Case No. 187 of 2014, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/- U T