Guleshwar Manjhi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34867 of 2014 Arising Out of PS.Case No. -14 Year- 2013 Thana -CHANAN District- LAKHISARAI ======================================================

1. Guleshwar Manjhi S/o Bhatu Manjhi

2. Girija Devi W/o Guleshwar Manjhi Both Resident of Village Singh Chak, P.S. Chanan, District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate. For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2015 Heard both sides.

The petitioners seek bail in Chanan P.S. Case No. 14 of 2013, registered for the offences punishable under Section 302 and some other Sections of the Indian Penal Code. The informant alleged that the petitioners called his son Suresh Bind @ Madru Bind to his Sasural situated in villageDharampur, on the next day dead body of Suresh Bind @ Madru Bind was recovered from near the house of Mahendra Manjhi situated in village Dharampur.

Learned counsel for the petitioners submits that there is only allegation against the petitioners that they called Suresh Bind @ Madru Bind, but there is no witness of the occurrence.

Patna High Court Cr.Misc. No.34867 of 2014 (3) dt.16-01-2015 The petitioners were arrested from village Singhak and not from village Dharampur. The brother and father of the petitioners have already been enlarged on bail. Even during the course of investigation, the witnesses are found to be hearsay. The petitioners are in jail since 31.03.2013.

Learned APP, however, opposed the prayer for bail and submits that the witnesses have disclosed that the petitioners killed Suresh Bind @ Madru Bind.

On perusal of record, it appears that allegation against the petitioners and his father and brother is that they called Suresh Bind @ Madru Bind situated in village Dharampur, but there is no witness of the occurrence and some of the witnesses appear to be hearsay witnesses. The dead body was found near the house of Mahendra Manjhi.

Considering the facts aforesaid, the petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Chanan P.S. Case No. 14 of 2013. (Prabhat Kumar Jha, J.) KKSINHA/- U T