Gorakh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32752 of 2024 Arising Out of PS. Case No.-228 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Gorakh Manjhi SON OF LATE BUNDEL MANJHI VILLAGE - VASUDEVAPURI, PS- NAUBATPUR, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with S. Tr. No. 116 of 2022 arising out of Naubatpur P.S. Case No. 228 of 2019, registered for the offences punishable under Section 302 of the IPC.

3. As per allegation, the petitioner killed his wife by inflicting axe blows. The informant is son of the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. He has submitted further that charges were framed on 21.07.2023. The summons and bailable warrant have been issued to procure the attendance

Patna High Court CR. MISC. No.32752 of 2024(4) dt.21-08-2024 2/3 of the witnesses but up-till now, not a single witness appeared in support of the prosecution case. The petitioner is under custody since 12.08.2021.

5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the petitioner has killed his wife by inflicting axe blows and the post-mortem report corroborates the allegation made in the FIR.

6. The petitioner is under custody for nearabout three years and the trial is proceeding at the snail pace.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, VI, Danapur, District- Patna in connection with S. Tr. No. 116 of 2022 arising out of Naubatpur P.S. Case No. 228 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall remain present physically on each and every date before the court below. In case of failure on two

Patna High Court CR. MISC. No.32752 of 2024(4) dt.21-08-2024 3/3 consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) kundan/- U T