Ranjan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48331 of 2022 Arising Out of PS. Case No.-179 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== Ranjan Manjhi S/o Shiv Brat Manjhi Resident of Village- Bataspur, P.S.- Bodh Gaya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 15.06.2020 in connection with Bodh Gaya P.S. Case No. 179 of 2020, F.I.R. dated 1.06.2020 for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. According to prosecution case, all the accused persons including the petitioner who happens to be the husband of the victim have killed the daughter of the informant(victim). It is further stated by the informant that the petitioner and his family members used to torture his daughter mentally and physically.

Patna High Court CR. MISC. No.48331 of 2022(7) dt.10-05-2023 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is the husband of the deceased. He further submits that the petitioner has not committed any offence as alleged in the F.I.R. He further submits that the allegation as alleged in the F.I.R. is false and fabricated. He further submits that it has come during investigation in paragraph 5 of the case diary that the daughter of the victim who is also the daughter of the petitioner has particularly stated that the victim has committed suicide herself. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 15.06.2020.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances and period of custody, let the petitioner, above named, 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 the learned Additional District Judge XV in connection with Bodh Gaya P.S. Case No. 179 of 2020, subject to the following conditions:-

Patna High Court CR. MISC. No.48331 of 2022(7) dt.10-05-2023 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T