Umesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47356 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -HATHAURI District- SAMASTIPUR ====================================================== Umesh Manjhi Son of Bahore Manjhi Resident of Village- Ballipur Police Station Hathauri and District Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner :

Mr. Girish Chandra Jha, Advocate For the Opposite Party : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 30-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Umesh Manjhi, in connection with Hathauri Police Station Case No. 20 of 2015, under Sections 366(A)/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Girish Chandra Jha, learned Counsel for the petitioner, and Mr. Kalyan Shankar, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that that one of the coaccused, namely, Maruan Devi, has already been granted bail this Court by order, dated 21.09.2015, passed in Cr. Misc. No.43630 of 2015, the accused above-named has been

Patna High Court Cr.Misc. No.47356 of 2015 (2) dt.30-10-2015 2/3 in custody since 06.05.2015 in connection with the case aforementioned coupled with the fact that the victim, Puja Kumar, in her statement, under Section 164 of the Code of Criminal Procedure, has allegedly recorded that she had married one Ajay Manjhi on her own sweet will, and perusal of the materials available on record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs.

10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Judicial Magistrate, 1st Class, Rosera, Samastipur, in connection with Hathauri Police Station Case No. 20 of 2015. This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

Patna High Court Cr.Misc. No.47356 of 2015 (2) dt.30-10-2015 3/3 directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) Pawan/- U T