Patna High CourtCR. MISC./30607/2017bail granted

Kapil Manjhi v. The State Of Bihar

2017-08-10Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.30607 of 2017 (3) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30607 of 2017 Arising Out of PS.Case No. -283 Year- 2011 Thana -FATEHPUR District- GAYA ====================================================== Kapil Manjhi S/o- Munshi Manjhi, resident of Village- Dumari Chatti, P.S.- Fatehpur, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Onkar Nath, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.04.2017 in connection with Fatehpur P.S. Case No. 283 of 2011 for the offences alleged under Sections 302, 201/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion. The petitioner's case stands on better footing than Umesh Manjhi with whom the informant's husband is said to have had an altercation has been granted bail by this Court in Cr. Misc. No. 19671 of 2012. Petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Fatehpur P.S. Case No. 283 of 2011, on the following conditions:-

Patna High Court Cr.Misc. No.30607 of 2017 (3) dt.10-08-2017 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T