Manoj Kumar Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31550 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- AMBA District- Aurangabad ====================================================== MANOJ KUMAR BHUIYA S/o Bajrangi Bhuiya R/o village- Udayganj, P.S.- Amba, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, on a dead body of a 22 year old woman being recovered, the same was sent to the hospital but was not identified by the persons gathered there. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation when the witnesses alleged about the elopement of the deceased with the petitioner in the past as also this time. It is submitted that there are no eye witness to the actual occurrence. The allegations

Patna High Court CR. MISC. No.31550 of 2021(9) dt.20-01-2022 2/2 against the petitioner are false. Even accepting the statement of the witnesses, at best it is a case of last seen. The petitioner is in custody since 1.11.2020 and has no criminal antecedent. Besides the above the point being relied on against the petitioner is his confessional statement made before the police. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for over 1 year, the petitioner is directed to be enlarged on bail in connection with Amba P.S. Case no. 101 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad.

(Partha Sarthy, J) Spd/- U T