← Library
Patna High CourtCR. MISC./54527/2016bail granted

Biresh Manjhi @ Viresh Manjhi @ Viresh Manjha v. The State Of Bihar

2016-12-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54527 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -JAMOBAZAR District- SIWAN ====================================================== Biresh Manjhi @ Viresh Manjhi @ Viresh Manjha, Son of Binaka Manjhi, Resident of Village- Khoripakar, P.S.- Jamo Bazar, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Kant Singh, Advocate For the Opposite Party : Mr. Sri Ashok Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jamo Bazar P.S Case No. 54 of 2016 registered for the offences punishable under Sections 304B, 201, 34 of the Indian Penal Code.

Allegedly, Sheela Devi the grand-daughter of the informant was married to Satyendra Manjhi, son of the petitioner and after marriage she was being assaulted and tortured for nonfulfillment of demand of dowry and lastly it was telephonically informed that Sheela Devi is traceless from morning and it reveals that they killed Sheela Devi, and made the dead body traceless. Submission is of false implication and that the petitioner is the father-in-law have no concerned with the family affairs, the petitioner is living separately, without any fault the

Patna High Court Cr.Misc. No.54527 of 2016 (2) dt.23-12-2016 2/2 petitioner is suffering in custody since 02.07.2016, charge sheet has also been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that the petitioner is the father-in-law, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri A.K. Gupta, learned Judicial Magistrate, 1st Class, Siwan, in connection with Jamo Bazar P.S. Case No. 54 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T