Manoj Kumar Singh @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34613 of 2015 Arising Out of PS.Case No. -146 Year- 2014 Thana -AGIAUN District- BHOJPUR ====================================================== Manoj Kumar Singh @ Manoj Singh S/o Raghu Bansi Singh Resident of Village Laxmipur, P.S. Barahara (Sinha), District Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under Sections 302,201 of the Indian Penal Code and 27 of Arms Act.

A dead body of unknown girl was recovered and it appears that she was shot dead on her head and the dead body was thrown by the side of the road. Four empty cartridges were recovered. During investigation it transpired that the dead body was of Saloo @ Chanda and she had gone with the petitioner to visit the temple and thereafter she was killed. Submission is of false implication and that there is no

Patna High Court Cr.Misc. No.34613 of 2015 (4) dt.23-11-2015 2/3 eye witness to the occurrence. The petitioner has been implicated only on suspicion. The brother of the deceased attributed the name of the petitioner that he was living with his sister as husband and wife and in his presence the petitioner called his sister and then she went with the petitioner but this statement is not corroborated with the call detail and further no other witness of the locality has supported the said fact, only on the statement of that witness, namely, Md. Jasim @ Sonu, whose statement has already been recorded under Section 164 Cr.P.C., the petitioner is suffering in custody since 19.05.2013 having no criminal antecedent, charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned A.P.P. opposes the prayer of bail by submitting that the brother of the deceased had stated that the petitioner had taken away his sister on his motorcycle.

In the facts and circumstances, as stated above, the petitioner, Manoj Kumar Singh @ Manoj Singh, 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 learned C.J.M., Bhojpur,Ara, in Agiaon( Garahani) P.S.Case No. 146 of 2014,subject to the conditions that one of the bailors must be a near relative having sufficient immovable

Patna High Court Cr.Misc. No.34613 of 2015 (4) dt.23-11-2015 3/3 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) singh/- U T