Dharmendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77434 of 2018 Arising Out of PS. Case No.-255 Year-2017 Thana- BIHTA District- Patna ====================================================== Dharmendra Manjhi, S/o Late Ram Deep Manjhi , R/o Vill.- Gangachak, P.S.- Masaurhi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy, Advocate.

For the Opposite Party/s :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bihta P.S. Case No. 255 of 2017 instituted for the offence under Section(s) 341, 323, 324, 307, 504 and 506 of Indian Penal Code pending in the court of learned Additional Chief Judicial Magistrate-I, Danapur, Patna.

It is alleged in the written report that when informant was at his residence he saw that petitioner was quarreling with his father-in-law and assaulting him. The informant and his family members made objection. In the meantime, son of the informant namely, Rudal Manjhi came and made interference, upon which, petitioner came with a knife and stabbed in the abdomen of Rudal Manjhi, on account of which,

Patna High Court CR. MISC. No.77434 of 2018(4) dt.08-03-2019 2/3 he sustained grievous injury. He was referred to Bihta Referal Hospital from where he was referred to PMCH Patna for better treatment.

Case diary has been received.

The statement of injured Rudal Manjhi is available in paragraph-6 of the case diary wherein he has levelled specific allegation against petitioner of giving knife blow in his abdomen. The injury report is available in the case diary wherein the Doctor has found stab wound over abdomen on left side umbilicus (LHC) measuring 1 1⁄2" x 1⁄2" x Ant. Abdominal wall depth with omentum & coils of intestine piercing outside abdomen. The injury was opined by the Doctor to be grievous in nature.

Therefore, this Court is not inclined to grant bail to the petitioner.

Prayer of the petitioner for grant of bail stands rejected.

Counsel for the petitioner submits that petitioner is in custody since 1.9.2018.

The court below is directed to expedite the trial and make efforts to conclude the trial as early as possible preferably within a period of six months. Petitioner will be at liberty to

Patna High Court CR. MISC. No.77434 of 2018(4) dt.08-03-2019 3/3 renew his prayer for bail after six months if no substantive progress is made in the trial.

(Sanjay Priya, J) S.Ali/- U T