Tulsi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8576 of 2015 Arising Out of PS.Case No. -114 Year- 2014 Thana -WAJIRGANJ District- GAYA ======================================================

1. Tulsi Manjhi Son of Baso Manjhi Resident of Village Bichho, P.S. Wazirganj, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail custody since 26/07/2014 in connection with Wazirganj P.S.case No. 114 of 2014 for the alleged offence under Section 364 of the Indian Penal Code.

The prosecution case in, brief, is that one Sharda Devi on 15/03/2014 at about 15 P.M. gave a written report before the Officer Incharge of Wazirganj Police Station, District- Gaya alleging therein that the Mamera brother of the informant, namely, Tulsi Manjhi, took her away saying that his wife quarreled with him and she went away to her sister's house, so he has to bring her back. But 4-5 days passed he did not return back

Patna High Court Cr.Misc. No.8576 of 2015 (4) dt.28-08-2015 2/2 to his house. Thereafter the informant made search and asked Tulshi Manjhi about her husband, who told that he does not know about her husband. It is also alleged that the informant suspected that the petitioner, Nasir Mian and Sushila Devi had kidnapped her husband. Reason behind the occurrence is that the husband of the informant has lodged Wazirganj P.S.case no. 539/12, dated 01.12.2012 and due to that case they have kidnapped the husband of the informant with intent to kill him.

It has been submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedent and he has been falsely implicated in the said case. He further submits that he is the cousin brother (maternal brother) of the informant. The incident is of dated 04.03.2014 and the FIR has been lodged after a long delay.

Under such circumstances, let the petitioner, namely, Tulsi Manjhi, 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 learned C.J.M., Gaya in connection with Wazirganj P.S.Case No.114/2014.

(Nilu Agrawal, J) singh/- U T