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Patna High CourtCR. MISC./17269/2016rejected

Chaitu Manjhi v. The State Of Bihar

2016-05-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17269 of 2016 Arising Out of PS.Case No. -133 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================

1. Chaitu Manjhi son of Late Dwarika Manjhi resident of Village- Ajad Bigha, P.S.- Karpi (Sahar Telpa), District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. P.K.Chaurasiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-05-2016 Heard the Counsel for the petitioner and Mr. P.K. Chourasia, APP for the State.

Petitioner along with others are cited as accused of Karpi P.S. Case No. 133 of 2015 registered under Sections 147, 148, 149, 302 and 201 of the Indian Penal Code.

It is alleged that on the relevant evening all the accused persons entered into the house of the informant and forcibly dragged his mother and took her along. The mother is still traceless. Under the threat of the accused persons, he could not lodge the case promptly and the same was reported on the following morning.

Contention of the petitioner is that it is a case of only last seen. The body of the victim has not till date been recovered. A

Patna High Court Cr.Misc. No.17269 of 2016 (2) dt.03-05-2016 2/2 concocted story has been created by the informant to implicate several persons including the petitioner.

Mr. Chourasia, on the other hand, draws attention of the Court to the impugned order wherefrom it appears that one of the co-accuseds made confessional statement in which he stated about brutal killing of the mother of the informant. At his instance, certain weapons of assault were also recovered. Considering the severity of the allegation and the other materials reflected from the record, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. Prayer is, accordingly, rejected.

(Kishore Kumar Mandal, J) Pankaj/- U T