Pallu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52219 of 2022 Arising Out of PS. Case No.-59 Year-2019 Thana- SIRDALA District- Nawada ====================================================== Pallu Manjhi S/o Jagdish Manjhi R/o Village- Kewal, Bhuali, Banch, P.S.- Sirdala, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Sirdala P.S. Case No. 59 of 2019, registered for the offences punishable under Sections 147, 148, 149, 323, 364, 365 and 302 of the Indian Penal Code and Section 3/4 of the Diane Act.

As per allegation, the accused-petitioner along with other co-accused has brutally slit the neck of the victim lady by spear in front of her husband who has lodged this present case.

Ld. counsel for the petitioner submits that the

Patna High Court CR. MISC. No.52219 of 2022(4) dt.24-02-2023 2/3 petitioner is innocent and has falsely been implicated in this case. He also submits that the allegation against the petitioner is general and omnibus. He further submits that investigation in this case is complete and charge-sheet has already been submitted.

He further submits that the petitioner has been languishing in jail since 13.07.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that this is brutal murder of an innocent poor lady in front of her informant/husband, who is an eye witness to the whole occurrence.

Considering the aforesaid facts and circumstances, particularly the brutal nature of the alleged offence in the presence of informant/husband and material on record in

Patna High Court CR. MISC. No.52219 of 2022(4) dt.24-02-2023 3/3 support of the prosecution, I am not persuaded to enlarge the petitioner on bail.

This petition stands rejected accordingly.

However, the Ld. Trial Court is directed to expedite and conclude the trial within a period of nine months. If the trial is not concluded within nine months, the petitioner will be at liberty to renew his prayer for bail.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ashishkr/- U T