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Patna High CourtCR. MISC./53414/2019bail rejected

Pramod Manjhi v. The State Of Bihar

2019-10-01Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53414 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- NALANDA District- Nalanda ====================================================== PRAMOD MANJHI Son of Manju Manjhi Residence of Village-Pipaltar, Sangatpur (Amarpura), P.S.-Deep Nagar, District-Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Nalanda P.S. Case No. 172 of 2018 registered for the offence punishable under Section 302 of the Indian Penal Code.

Informant who in his fardbeyan has stated that petitioner is his brother in law and he used to come to his house to take back his sister. On 03.11.2018 in the night he came to his house and quarreled and abused his mother and when his mother went outside to attend the call of nature, petitioner gave Tangi blow on her neck and fled away with Tangi, as a result of which she fell down on the ground and died.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner at this stage.

Patna High Court CR. MISC. No.53414 of 2019(3) dt.01-10-2019 2/2 Accordingly the prayer for bail is rejected.

However, petitioner may renew his prayer for bail after framing of charge. If charges have already been framed in this case, petitioner shall be released on bail in the court below itself on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda, in connection with Nalanda P.S. Case No. 172 of 2018 subject to the conditions that:-

(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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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.

With the above observation, this application is disposed of.

(S. Kumar, J) veena/- U T