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Patna High CourtCR. MISC./14374/2016bail granted

Mithilesh Manjhi @ Mithlesh Manjhi And ANR. v. The State Of Bihar

2016-05-19Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14374 of 2016 Arising Out of PS.Case No. -131 Year- 2014 Thana -KAUAKOL District- NAWADA ======================================================

1. Mithilesh Manjhi @ Mithlesh Manjhi, S/o Prabhu Manjhi

2. Prabhu Manjhi S/o Late Shankar Manjhi Both resident of VillageMananpur, P.S.- Kawakole, District- Nawada. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate. For the Opposite Party/s : Mr. Surendra Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2016 Heard the learned counsel for the petitioners as well as the learned A.P.P for the State.

The petitioners seek bail in connection with Kawakole P.S. Case No. 131 of 2014 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Goli Devi, the sister of the informant was married to Sudhir Manjhi, the son of the petitioner no. 2 ten years ago and allegedly, Sudhir Manjhi used to assault her and thereafter on 05.11.2014, Sudhir Manjhi along with two persons came and told the informant that his sister has fled away and then the informant went at the in-laws house of his sister and found the family

Patna High Court Cr.Misc. No.14374 of 2016 (4) dt.19-05-2016 2/3 members absconding and after search from a well dead body was recovered kept in Gunny bag tied with stone.

Submission is of false implication that there is specific allegation against the husband of the deceased, the petitioner no.1 is the Bhaisur and petitioner no. 2 is the father-inlaw, they have no concern with the family affair of the deceased and her husband, during investigation it has come that the husband of the deceased was having love affair with another lady and due to that he might have killed his wife and, as such, the petitioners deserve sympathetic consideration as they are in custody since 31.12.2015.

The learned APP submits that against the petitioners, charge sheet has already been submitted. In the facts and circumstances stated above, the petitioners, above named, are 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 Chief Judicial Magistrate, Nawada in connection with Kawakole P.S. Case No. 131 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and

Patna High Court Cr.Misc. No.14374 of 2016 (4) dt.19-05-2016 3/3 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.) Mishra/- U T