Sanjay Manjhi @ Sanju Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3599 of 2019 Arising Out of PS. Case No.-200 Year-2015 Thana- VAISHALI District- Vaishali ====================================================== Sanjay Manjhi @ Sanju Manjhi, age 43 years, Male, S/o late Jhuma Manjhi R/s Mamora, P.S. Vaishali (Belsar, O.P.), District- Vaishali. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rina Sinha For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Trial No.585/2017 arising out of Vaishali (Belsar O.P.) P.S. Case No. 200/2015 registered for the offence punishable under Sections 323, 379, 380, 384, 364, 452 and 504/34 of the Indian Penal Code. Petitioner had earlier filed petition for grant of regular bail which was dismissed by order dated 16.03.2018 as contained in Annexure 1.

The allegation against the petitioner is that earlier he had kidnapped the informant's wife, for which Vaishali (Belsar O.P.) P.S. Case No.177/2014 was registered and in order to put pressure for compromise the aforesaid case, the petitioner has again kidnapped the informant's son.

It has been submitted on behalf of the petitioner that he

Patna High Court Cr.Misc. No.3599 of 2019(4) dt.19-02-2019 2/3 is innocent and has been falsely implicated in this case by the informant due to previous enmity. It has further been submitted that occurrence is of 20.05.2015, however, compliant case was filed on 30.05.2015 and FIR was registered on 26.06.2015. Informant in his deposition has stated that both case between the parties were compromised and his son was recovered after three months from the house of Raj Kumar Manjhi and not from the house of petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishalit at Hajipur in connection with Sessions Trial No.585/2017 arising out of Vaishali (Belsar O.P.) P.S. Case No. 200/2015 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the

Patna High Court Cr.Misc. No.3599 of 2019(4) dt.19-02-2019 3/3 Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T