Dharmendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13251 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================

1. Dharmendra Manjhi, S/o Dasrath Manjhi, R/o Villge- Nanauk, P.S.- Buniyadganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Arvind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 302 of the I.P.C Allegedly, Kapildeo Singh, the father of the informant, was killed in the Mango orchard by cutting his neck with the spade and on the query it was learnt that the petitioner has killed the father of the informant.

Submission is of false implication and that there is no eye witness of the occurrence, the three witnesses are not the eye witnesses, Upendra Manjhi has simply stated that he saw the petitioner fleeing away with the spade and after adopting third degree method confessional statement of the petitioner has got

Patna High Court Cr.Misc. No.13251 of 2016 (3) dt.17-05-2016 2/2 recorded which has got no evidentiary value in the eye of law. The learned A.P.P. opposes prayer for bail by submitting that the petitioner was seen fleeing away from the place of occurrence with the spade, he has confessed his guilt and on the basis of his confessional statement the spade used in the crime has also been recovered.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with S. Tr. No. 42 of 2016/08 of 2016 arising out of Karpi P.S. Case No. 69 of 2015 pending in the court of the Additional Sessions JudgeV, Jehanabad. (Jitendra Mohan Sharma, J) Abhay/- U T