Saheb Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.170 of 2017 Arising Out of PS.Case No. -568 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Saheb Mian, son of Hardish Mian, resident of village Mathia, P.S. Turkauliya, District- East Champaran .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Patanjali Rishi For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-05-2017 Heard learned counsel for the appellant as well as learned Special P.P.

While the deceased was returning home after visiting a circus, she was waylaid by co-accused Dhorha Manjhi alias Sikandar Manjhi. On the following day, her dead body was traced out. The informant, her daughter had also shown suspicion against the appellant.

From perusal of the case diary, it is evident that none had pinpointed directly or indirectly levelled allegation against the appellant. Even the informant had shown her ignorance and further stated that at the instance of enemies of appellant, she suspected against him.

However, from para-4 of the case diary, it is evident that appellant got himself before the Investigating Officer, who

Patna High Court CR. APP (SJ) No.170 of 2017 (4) dt.02-05-2017 2/2 recorded his statement and then he was let out. In the aforesaid eventuality, instant Appeal under garb of Section 438 Cr. P.C. would not lie.

Moreover, during course of consideration of regular bail, the learned lower court will consider the aforesaid eventuality coupled with the fact that the main accused Sikandar Manjhi alias Dhorha Manjhi had already been granted bail by this Court in Cr. Misc. No. 46878 of 2015.

With the aforesaid observations, the instant appeal is disposed of.

(Aditya Kumar Trivedi, J) S.Pandey/- U T