Rudal Manjhi @ Rudal Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41065 of 2021 Arising Out of PS. Case No.-59 Year-2019 Thana- SIRDALA District- Nawada ====================================================== RUDAL MANJHI @ RUDAL BHUIYA Son of Jagadish Bhuiya, Resident of Village - Kewal Bhuwani Bandh, P.S.- Sirdala, Distt.- Nawwada. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 15.03.2021, seeks regular bail in connection with Sirdala P.S. Case No. 59 of 2019, for the offence punishable under Sections 147, 148, 149, 323, 364 and 302 of the Indian Penal Code and Section 3 / 4 of Dyan Act.

The prosecution case, in brief, is that on 10.02.2019 at about 8.30 A.M. while informant was in his native village along with his wife and grand-daughter, the F.I.R. named accused came to his house and started abusing and assaulting his wife

Patna High Court CR. MISC. No.41065 of 2021(2) dt.21-01-2022 2/3 and grand-daughter. His wife was killed by the F.I.R. named accused as they suspected that she was practicing witch craft. In his re-statement recorded in paragraph No.8 of the case diary, the informant has stated that four sons of the petitioner caught hold of his wife and there is allegation against Pallu Manjhi of slitting the neck of wife of the informant.

Learned counsel appearing on behalf of the petitioner submits that there is no specific allegation of overt act against the petitioner and only allegation against the petitioner is that he is own brother of main accused Pallu Manjhi. The petitioner has clean antecedent.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the facts and circumstances of the case and other two accused persons have already been enlarged on bail, the petitioner, above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-V, Nawada in connection with Sirdala P.S. Case No. 59 of 2019, subject to the following conditions:-

(1) Bailors should be local having sufficient

Patna High Court CR. MISC. No.41065 of 2021(2) dt.21-01-2022 3/3 immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U