Pahari Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51053 of 2015 ======================================================

1. Pahari Manjhi, Son of Late Masudan Manjhi, resident of VillageNagawan Mushari, Police Station- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 498 (A), 302 and 201/34 of the I.P.C Allegedly, Ruby Devi, the daughter of the informant, was married to Chhote Manjhi, the son of the petitioner, eight years ago and out of the wedlock there is son aged about 2-3 years and further she was pregnant of six months but allegedly she was killed by the husband and the petitioner and her dead body was buried in a ditch which was recovered.

Submission is of false implication and that the petitioner is an old father-in-law living separately since long from Chhote Manjhi having no concern with his family affairs, without

Patna High Court Cr.Misc. No.51053 of 2015 (3) dt.01-04-2016 2/2 any fault the petitioner is suffering in custody since 30.06.2015, there is no eye witness of the occurrence and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, considering the submission that the petitioner was living separately from his son and the daughter-in-law (deceased) and as such the petitioner is directed to 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 Sri Kumar Madhvendra, J.M. 1st Class, Danapur District- Patna in Naubatpur P.S. Case No. 238 of 2010, 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 petitioner shall remain present on each and 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) Abhay/- U T