Ramjatan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24323 of 2020 Arising Out of PS. Case No.-339 Year-2012 Thana- MASAUDHI District- Patna ====================================================== Ramjatan Manjhi Son of Late Kishun Manjhi Resident of Village- Gorahana, P.S.- Masaurhi and District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Chandra For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Masaurhi P.S. Case No. 339 of 2012, registered for the offence under Sections 341, 342, 323, 325, 302/34 of the Indian Penal Code.

As per the prosecution case, on 19-10-2012 at 6:00 PM, while the wife of informant was in her house, all the accused persons, as named in the FIR, came armed with lathi and rod and started assaulting her and as such, she got injured and during course of treatment, she died.

It is submitted on behalf of petitioner that during course of investigation, it has come that this petitioner assaulted his wife and committed her murder and aforesaid fact has also been supported by many witnesses. Such fact has been stated in paragraph nos. 7, 8, 9 and 10 of the case diary that this petitioner assaulted his wife, who during course of treatment died and as such, after investigation, police has submitted chargesheet under Section 304 of the IPC against this petitioner. Petitioner is aged about 80 years, suffering from various disease, and he is in custody since 07-01-2020.

Patna High Court CR. MISC. No.24323 of 2020(3) dt.09-11-2020 2/2 Considering the aforesaid facts & circumstances and the fact that petitioner is suffering from various disease, aged about 80 years and he is in custody since 07-01-2020, the bail application of petitioner is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Masaurhi, District - Patna in connection with Masaurhi P.S. Case No. 339 of 2012 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T