Sunder Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12319 of 2016 Arising Out of PS.Case No. -443 Year- 2012 Thana -BARACHATTI District- GAYA ====================================================== Sunder Manjhi, S/o Late Shama Manjhi .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 22-102012 in a case registered under Sections-302, 201/34 of the Indian Penal Code.

Admittedly, none has seen actual killing of the deceased and the petitioner has been made accused in this case on the ground that he has illicit relation with wife of the deceased and subsequently, wife of the deceased confessed his guilt disclosing the manner in which, the deceased was killed by the petitioner. The impugned order shows that charge has already been framed against the petitioner on 02-09-2013 but in spite of issuance of several processes, not a single prosecution witness turned up. Moreover, wife of the deceased namely, Savitri Devi

Patna High Court Cr.Misc. No.12319 of 2016 (2) dt.17-03-2016 2/2 has already been granted privilege of bail by a coordinate bench of this court.

Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Barachatti (Mohanpur) P.S. Case No. 443 of 2012 corresponding to Sessions Trial No. 41 of 2013/297 of 2013 to the satisfaction of learned Ad hoc Additional District & Sessions Judge-II, Gaya.

(Hemant Kumar Srivastava, J) A.K.V./- U T