Ramesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29046 of 2016 Arising Out of PS.Case No. -219 Year- 2015 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Ramesh Manjhi son of Mahabir Manjhi, Resident of village Rampur Kashi P.S. Maniyari, District Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivjee Singh, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the I.P.C.

The prosecution story, in brief, is that the informant's husband was doing work at Banaras. Ten days before the petitioner and one Kamlesh Manjhi due to some dispute assaulted her. On getting informant her husband reached village five days back and on 22.9.2015 when her husband was in residence the accused persons started abusing him and hold him to leave the village and when it was objected then the accused persons including the petitioner started assaulting her husband. On hearing hulla the villagers assembled there and her husband was brought to private Hospital, from where he was referred to S.K.M.C.H,

Patna High Court Cr.Misc. No.29046 of 2016 (3) dt.01-09-2016 2/2 Muzaffarpur where he died during course of treatment. It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.1.2016 and the charge sheet has been submitted in the present case. The petitioner has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is no eye witness to the alleged occurrence. As per the F.I.R., the petitioner and the deceased are own brothers. Due to family dispute the petitioner is alleged to have assaulted by fists and slaps upon the deceased. In the postmortem report there is no external or internal injury on the body of the deceased.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Mukesh Kumar Mishra, Judicial Magistrate, 1st class, Muzaffarpur in connection with Maniyari P.S. case No.219 of 2015. (Sudhir Singh, J) Narendra/- U T