Munna Ojha @ Munna Manjhi @ Subhash Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4160 of 2019 Arising Out of PS. Case No.-534 Year-2016 Thana- BETTIAH CITY District- West Champaran ====================================================== MUNNA OJHA @ MUNNA MANJHI @ SUBHASH MANJHI, son of Late Mukhi Manjhi Resident of Village- Tuniya Bishunpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bettiah (T) P.S. Case No. 534 of 2016, instituted for the offence under Section(s) 363 of the Indian Penal Code.

It is alleged in the written report that son of the informant aged about 8 years disappeared from the house under mysterious circumstances. He could not be traced out in spite of search.

Counsel for the petitioner submits that petitioner is not named in the written report. He further submits that during investigation he has been arrested merely on suspicion. The Sessions Judge has mentioned in the impugned order referring paragraphs 109, 151 and 185 of the case diary that there is material against the petitioner.

Patna High Court Cr.Misc. No.4160 of 2019(4) dt.08-02-2019 2/2 Petitioner has submitted that in paragraph 109 of the case diary, the details of C.D.R. of Mobile numbers has been mentioned. The statement of Raju Raut recorded under Section 164 Cr. P.C. is available in paragraph 151 of the case diary wherein he has stated that he has no knowledge about the alleged occurrence. It is mentioned in paragraph 185 of the case diary that I.O. proceeded from Balua Chowk.

Petitioner is in custody since 20.9.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah (T) P.S. Case No. 534 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T