Radha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36481 of 2018 Arising Out of PS.Case No. -339 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Radha Devi, Wife of Gulab Manjhi @ Gulla Manjhi,

2. Gulab Manjhi @ Gulla Manjhi, Son of Late Dhana Manjhi, Both are residents of Village- Jagaria, Police Station- Paru, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State.

The petitioners are in custody since 16.2.2018 in connection with Garkha P.S.Case No.339 of 2017 registered for the offence under Section 395 of the Indian Penal Code. Learned counsel for the petitioners submits that these petitioners were initially arrested in connection with Maker P.S. Case No.122 of 2017 and thereafter on suspicion they have been remanded in the present case. It is further submitted that only to harass the petitioners on suspicion they have been falsely implicated in this case. Till date no test identification Parade has been held to identify the looted articles in robbery in the house of the informant in which name of the petitioners have come only on

Patna High Court Cr.Misc. No.36481 of 2018 (5) dt.16-08-2018 2/2 the basis of confessional statement of co-accused Mithu Manjhi before the police which has no evidentiary value. Having taken into consideration all the facts and circumstances of the case and also other co-accused have been granted privilege of bail, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in Garkha P.S. Case No.339 of 2017.

(Anjana Mishra, J) AnilKrSinha/- U