Dip Narayan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.696 of 2015 Arising Out of PS.Case No. -168 Year- 2013 Thana -BELAGANJ District- GAYA ====================================================== Dip Narayan Manjhi, S/o Ram Sagar Manjhi, R/o Village - Agni Tola, Govindpur, P.S. - Belaganj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2015 Heard both sides.

The petitioner seeks regular bail in Belaganj P.S. Case No. 168 of 2013 for the offence under Section 302 and other sections of the Indian Penal Code.

Saheb Manjhi named the petitioner including eight other accused persons and alleged that while his father Jago Manjhi along with others were returning, all the accused persons put him inside the forest. On the next day, the dead body of Jago Manjhi was recovered.

Learned counsel for the petitioner submits that the aunt of the informant raised alarm on the same day, claiming herself to be the eye witness of the occurrence. The informant disclosed that he also informed the police, but F.I.R. was not lodged on the same day. The F.I.R. was lodged only after recovery

Patna High Court Cr.Misc. No.696 of 2015 (2) dt.09-01-2015 2/3 of the dead body. Thereafter, there appears that the aunt of the informant did not see the occurrence and after recovery of the dead body, on mere suspicion, she named the petitioner on account of enmity. It further appears that the co-accused Suraj Manjhi and Suresh Manjhi have already been enlarged on bail vide order dated 07.11.2014 passed in Cr. Misc. No. 15786 of 2014. The case of the petitioner stands on similar footing. It appears that the aunt of the informant informed the informant about the kidnapping of the father of the informant by the petitioner and others, but the F.I.R. was not lodged immediately thereafter. It is also alleged that the police was informant about missing of Jago Manjhi, but the F.I.R. was lodged only after recovery of his dead body.

On similar allegation, Suraj Manjhi and Suresh Manjhi have already been enlarged on bail. Although it appears that the prayer for bail of one another coaccused Naresh Manjhi @ Fekan Manjhi was rejected vide order dated 18.12.2014 passed in Cr. Misc. No. 50549 of 2014. It appears that the case of the petitioner stands on similar footing as that of Suraj Manjhi and Suresh Manjhi. Consi-dering the facts aforesaid, petitioner, named above, is directed to be enlarged on bail on furnishing bond of Rs.

Patna High Court Cr.Misc. No.696 of 2015 (2) dt.09-01-2015 3/3 to the satisfaction of Sri Kumar Gunjan, Judicial Magistrate 1st Class, Gaya in Belaganj P.S. Case No. 168 of 2013. (Prabhat Kumar Jha, J) Dilip/- U T