Manjee Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70806 of 2023 Arising Out of PS. Case No.-559 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Manjee Murmu Daughter Of Sri Chanda Murmu Resident Of Village - Bairgachhi, P.S. - Manihari, District - Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard Mr. Amit Kumar Anand, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State and perused the case diary.

2.

The petitioner seeks bail in connection with Sadar P.S. Case No. 559 of 2023 instituted for the offence under Section 365 of the Indian Penal Code.

3.

Prosecution case in short is that nephew of the informant was abducted on 16-06-2023 by some unknown miscreants when he had gone to Line Bazar, Purnea by motorcycle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 06-07-2023. Petitioner is stated to be man of clean antecedent.

Patna High Court CR. MISC. No.70806 of 2023(4) dt.02-04-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of his self-confessional statement, and the same has no evidentiary value. It is submitted that no incriminating article has been recovered from the possession of the petitioner. It is further submitted that during the course of investigation, there is not a single eye-witness who has seen the petitioner on the alleged date of occurrence. It is submitted that recovered articles of the deceased was not sent to the FSL. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar P.S.

Patna High Court CR. MISC. No.70806 of 2023(4) dt.02-04-2024 3/3 Case No. 559 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj kishore/- U T