Manohar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70662 of 2018 Arising Out of PS. Case No.-73 Year-2016 Thana- KAUWAKOL District- Nawada ====================================================== Manohar Manjhi S/o Karu Manjhi, resident of Village- Gandhi Dham, P.S. Kawakole, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Smt. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kawakole P.S. Case No. 73 of 2016 corresponding to S.Tr. No. 163 of 2018/449 of 2018, registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code.

Informant is the mother of victim who in her written complaint has alleged that her daughter was married to petitioner 10 years earlier and from said wedlock one daughter was born who is 3 years old. It has been further alleged that her daughter has been killed by petitioner and his family and thereafter cremated.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion only. The allegations against all including

Patna High Court Cr.Misc. No.70662 of 2018(2) dt.10-12-2018 2/2 petitioner are general and omnibus nature and it has been submitted that the victim has not been killed rather she has become traceless and in spite of all efforts she could not be located. Petitioner has no criminal antecedent and he is in custody since 16.03.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge -Vth, Nawada, in connection with Kawakole P.S. Case No. 73 of 2016 corresponding to S.Tr. No. 163 of 2018/449 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the 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) Rajiv/- U T