Patna High CourtCR. MISC./48380/2016rejected

Sakindra Manjhi And ANR v. The State Of Bihar

2017-01-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48380 of 2016 Arising Out of PS.Case No. -481 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Sakindra Manjhi, Son of Krishna Manjhi.

2. Kurhan Manjhi, Son of Dasu Manjhi. All resident of Village- Eguna, P.S. Mufassil, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Yadav, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-01-2017 Heard both sides.

The petitioners apprehend their arrest in Muffassil P.S. Case No. 481/2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The informant alleged that Bindu Manjhi, his cousin Sakindra Manjhi and Kurhan Manjhi killed his brother. On such information, he went to the house of Bindu Manjhi and enquired from him. Bindu Manjhi refused to divulge any fact. On search, blood-stained cloth, axe were recovered. From another house, the dead-body of his brother was also recovered.

Learned counsel for the petitioners submits that the petitioners are of course, named in the F.I.R., but there is no eye-

Patna High Court Cr.Misc. No.48380 of 2016 (3) dt.17-01-2017 2/2 witness of the occurrence. Bindu Manjhi confessed his guilt and disclosed that he found the deceased in objectionable position with his sister and that is why he committed murder of Ramswaroop Chaudhary. It is further submitted that save and except suspicion there is no material against the petitioners. It appears that the informant has very categorically stated that the petitioners and Bindu Manjhi killed his brother Ramswaroop Chaudhary. On search of the house of Bindu Manjhi, blood-stained cloth, axe and dead-body of Ramswaroop Chaudhary were recovered. During the course of investigation, almost all the witnesses have stated that the petitioners participated in the killing of Ramswaroop Chaudhary. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T