Amresh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19185 of 2016 Arising Out of PS.Case No. -133 Year- 2015 Thana -KARPI District- JEHANABAD ====================================================== Amresh Manjhi son of Moti Manjhi, Resident of village- Azad Nagar, P.S.- Karpi, District- Arwal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. Sangita Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is languishing in custody since 08.08.2015 in connection with Karpi P.S. Case No.133 of 2015 for the offences under Sections 147, 148, 149, 302 and 201 of the I.P.C.
The prosecution case, in brief, is that on 07.08.2015 at about 8.30 P.M. when the informant came to know that his mother, Sonmatiya Devi, was being forcibly taken away by dragging away with intent to kill her by the petitioner along with other co-accused persons, he came towards eastern direction of the village pine for preventing them from killing his mother, then all the accused persons including the petitioner tried to catch him
Patna High Court Cr.Misc. No.19185 of 2016 (4) dt.21-07-2016 2/3 with intent to kill him but somehow he fled away from there and due to night the informant could not inform the police about the incident. After hectic search his mother could not be traced out and then he had given information to the police station to the effect that the petitioner along with the other co-accused have killed his mother and disposed of her dead body. The reason behind this whole episode is said to be the death of a boy aged about 4 years of this petitioner who along with other co-accused persons have killed his mother saying her a "Witch" on the instigation of co-accused Ramesh Manjhi, Bhagat (Tantrik). Hence, the F.I.R.was lodged.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.08.2015 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the evidence against the petitioner. General and omnibus allegation has been made against the petitioner. No specific injury has been attributed against the petitioner.
On behalf of the State it is submitted that the petitioner has been named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing
Patna High Court Cr.Misc. No.19185 of 2016 (4) dt.21-07-2016 3/3 bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of J.M, 1st Class, Arwal, in Karpi P.S. Case No.133/15 corresponding to G.R. No.928/15.
(Sudhir Singh, J) AnilKrSinha/- U T