Jagdish Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49089 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- SIRDALA District- Nawada ====================================================== JAGDISH MANJHI, aged about 65 years, Male, Son of Late Bangali Manjhi, Resident of Village-Kewal Bhuwali Bandh, P.S.- Sirdala, DistrictNawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 364, 365 and 302 of the Indian Penal Code and Section 3⁄4 of the Dyian Act. Informant has alleged that on 10.02.2019 at about 8.30 a.m.,while he was in his native village along with his wife and grand-daughter, F.I.R. named accused came to his house and started abusing and assaulting his wife and grand-daughter. His wife was killed by the F.I.R. named accused as they suspected that she was practising black magic. In his re-statement recorded in paragraph 8 of the case diary, the informant has stated that four sons of the petitioner caught hold of his wife and
Patna High Court CR. MISC. No.49089 of 2019(3) dt.30-09-2019 2/3 there is allegation against Pallu Manjhi of slitting the neck of wife of the informant by sword.
It has been submitted on behalf of the petitioner that there is no allegation of any specific overt act against the petitioner and only allegation against him is that he was present along with other accused at the place of occurrence. Petitioner has got no criminal antecedent and is in custody since 20.02.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sirdala P.S. Case No. 59 of 2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court CR. MISC. No.49089 of 2019(3) dt.30-09-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T