Sugga Manjhi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54550 of 2016 Arising Out of PS.Case No. -89 Year- 2015 Thana -PUNPUN District- PATNA ======================================================
1. Sugga Manjhi S/o Late Karu Manjhi @ Kapil Manjhi
2. Duliya Devi @ Chatiya Devi W/o Late Karu Manjhi @ Kapil Manjhi Both resident of Village- Mushari (Chandura), P.S.- Punpun, DistrictPatna. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kishore Prasad For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-01-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners seek bail in connection with Punpun P.S. Case No. 89 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegedly, the deceased has given Rs. 50,000/- to the petitioner no. 2 to perform the marriage of her daughter and the deceased, the husband of the informant, went to the house of the petitioners to take back his amount at 4:00 p.m. on 07.05.2015 but he did not return and thereafter, his dead body was recovered beneath Bhopatpur bridge and in the house of the petitioners there was sign of blood stain, broken bangles and the nearby land was found washed with cow dung.
Submission is of false implication and that the
petitioners are in custody without any fault, there is no eye witness of the occurrence and only on suspicion the petitioners are suffering in custody since 31.05.2016, there is no seizure list regarding recovery of broken bangles and blood stain and without any proper investigation chargesheet has been submitted and there is no chance of tampering with prosecution evidence and as such the petitioners deserve sympathetic consideration to which the learned APP opposes by submitting that at the place of occurrence which is near the house of the petitioners blood stain, broken bangles and washed land were found vide paragraph 13 of the case diary.
In the facts and circumstances stated above, considering the period of detention of the petitioners and further there is no chance of tampering with prosecution evidence, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII, Patna in S. Tr. No. 699 of 2016 arising out of Punpun P.S. Case No. 89 of 2015, 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 petitioners shall remain
present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J) avin/- U T