Chhotelal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.627 of 2017 Arising Out of PS.Case No. -9 Year- 2013 Thana -ISUAPUR District- SARAN ====================================================== Chhotelal Manjhi, S/o Late Nagina Manjhi, resident of village - Sankauli, P.S. Mashrak, District - Saran. .... .... Appellant/s

Versus

The State of Bihar. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Harish Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 This appeal is for grant of regular bail in connection with Isuapur P.S. Case No. 9 of 2013 registered for the offences punishable under section 302/34 of the Indian Penal Code and section 3(I-X) of the SC/ST Act.

Submission of the learned counsel for the appellant is that the appellant is not named in the FIR and his name transpired only on suspicion after much delay and it is alleged that he wanted to marry with the deceased and he has earlier threatened but there is nothing against the appellant and the case diary shows that the informant also suspected one more person. The appellant is in custody for about nine months.

Heard learned Special Public Prosecutor also. Learned Special Public Prosecutor has opposed the prayer for bail of the appellant.

Having heard both sides and in view of the facts and

Patna High Court CR. APP (SJ) No.627 of 2017 (4) dt.30-06-2017 2/2 circumstances, as stated above, this appeal is allowed and the impugned order is set aside.

Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Isuapur P.S. Case No. 9 of 2013, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T