Binay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.81 of 2017 Arising Out of PS.Case No. -744 Year- 2005 Thana -PHULWARI District- PATNA ====================================================== Binay Manjhi, son of Sukhalu Manjhi, resident of village- Alipur, P.S.- Phulwarisharif, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 28-01-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Phulwarisharif P.S. Case No.744 of 2005 instituted for the offence under Section(s) 304/34 Indian Penal Code and Sections 3 and 4 of the Witchcraft Act.

The petitioner is absconding since 2005. Chargesheet was submitted against him showing him absconder. From Annexure-2, it appears that cognizance was taken on 04.04.2011 for the offence under Section(s) under Section(s) 304/34 Indian Penal Code and Sections 3 and 4 of the Witchcraft Act. The petitioner even after cognizance and issuance of warrant of arrest has not appeared.

In such circumstances, this Court does not find it a

Patna High Court Cr.Misc. No.81 of 2017 (3) dt.28-01-2017 2/2 fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and pray for regular bail, which shall be considered and disposed off on its own merit.

(Sanjay Priya, J) JA/- U T