Manoj Dom @ Bigaru Dom @ Bigaru v. The State Of Bihar

Patna High Court Cr.Misc. No.50963 of 2015 (2) dt.18-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50963 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -OBRA District- AURANGABAD ====================================================== MANOJ DOM @ BIGARU DOM @ BIGARU, SON OF RAJENDRA DOM, RESIDENT OF VILLAGE - OBRA, MOHALLA - DOM PATTI, OBRA, DISTRICT - AURANGABAD .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Obra P.S. Case No. 48 of 2015 registered under Section 302/34 of the Indian Penal Code.

The accusation of informant, Meena Devi, is that on 30.05.2015, her husband, Nanhe Dom, and Raj Kumar Dom had gone to clean drains near Rath Durga Chauk, Obra, thereafter Raj Kumar Dom, informed her that Munna Dom, Karan Dom, Gajadhar Dom, Rajesh Dom and petitioner caught hold her husband, in the meantime, Munna Dom and Karan Dom cut the neck of Nanhe Dom, husband of the informant, through Fasuli. Learned counsel for the petitioner submits that it

Patna High Court Cr.Misc. No.50963 of 2015 (2) dt.18-12-2015 would appear from the F.I.R. that informant was informed by Raj Kumar Dom regarding catching hold of her husband, Nanhey Dom, by Munna Dom, Karan Dom, petitioner, Manoj Dom and Gajadhar Dom and cut his neck through Fasuli by Munna Dom and Karan Dom but Raj Kumar Dom in his statement before the police as detailed in paragraph 9 of the case diary has not disclosed the name of this petitioner rather Raj Kumar Dom has specifically stated that Munna Dom and Karan Dom caught hold her husband and cut the neck of her husband. It is further submitted that petitioner has no criminal antecedent and is in custody since 31.05.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Daudnagar, Aurangabad, in connection with Obra P.S. Case No. 48 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T