Patna High CourtCR. MISC./5677/2015bail granted

Pintu Manjhi v. The State Of Bihar

2015-04-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.5677 of 2015 (3) dt.28-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5677 of 2015 Arising Out of PS.Case No. -68 Year- 2014 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Pintu Manjhi S/o Rajgir Manjhi Resident of vill-Dhaprimore, Gobadda, P.S-Hawali Kharagpur, Distt-Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Uday Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report but in course of investigation one male dancer, namely, Etwari Manjhi was interrogated as some witnesses claimed to have seen the aforesaid Etwari Manjhi in the company of the deceased prior to the alleged occurrence. The above stated Etwari Manjhi disclosed that he along with petitioner and one other committed rape on the victim and after that they committed her murder. The petitioner was arrested and his underwear was seized but there is nothing on the record to show that the seized underwear had been sent for chemical examination or not and apart from this, there is no chemical report of the seized underwear on the case diary.

Patna High Court Cr.Misc. No.5677 of 2015 (3) dt.28-04-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that except the confessional statement of co-accused, Etwari Manjhi, there appears to be nothing against the petitioner, who does not have any criminal antecedent and is languishing in jail custody since 10.07.2014, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri S.P. Maurya, Judicial Magistrate 1st Class, Banka/concerned court in connection with Shambhuganj P.S. Case No. 68 of 2014. (Hemant Kumar Srivastava, J) SHAHZAD/- U T