Biltu Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8198 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -KINJAR District- JEHANABAD ======================================================
1. Biltu Manjhi, Son of Late Firangi Manjhi
2. Marchhi Devi, Wife of Biltu Manjhi, Both are resident of Village- Noawan, Police Station- Shakurabad in the district of Jehanabad. At present resident of Village + P.S.- Kinjar in the district of Arwal
3. Binod Manjhi, son of Late Baisakhi Manjhi.
4. Gendu Manjhi, Son of Late Baudh Manjhi, Both are resident of Village- Kinjar, P.S.- Kinjar in the district of Arwal .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 6 12-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in connection with Kinjar P.S. Case No. 59 of 2014 registered under Sections 302 read with 34 and 201 of the Indian Penal Code. According to the prosecution case, the informant has specifically alleged that the accused persons named in the FIR
Patna High Court Cr.Misc. No.8198 of 2015 (6) dt.12-08-2015 2 / 2 including the petitioners killed his son Lutan Manjhi and threw his dead body in the punpun river.
Learned counsel for the petitioners submits that there is no eye-witness to the occurrence and the entire allegation has been made on the basis of wild suspicion and hypothetical presumption.
On the other hand, learned counsel for the State submits that several witnesses examined in course of investigation have supported the allegations made in the FIR and the post mortem report corroborates the fact that son of the informant died a homicidal death.
Regard being had to the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for anticipatory bail is rejected. (Ashwani Kumar Singh, J.) Sanjeet/- U T