Indradev Manjhi @ Dhodhla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65068 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== Indradev Manjhi @ Dhodhla son of Late Kishun Manjhi Resident of VillageChandinama (Bhawani Bigha), P.S.-Kashi chak, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2020 The petitioner who is in custody since 27.07.2019 seeks bail in connection with Kashi Chak P.S. Case No. 110 of 2019 instituted for the offences under Sections 302, 201 of the Indian Penal Code. A decomposed dead body was recovered and a case against unknown was registered. Later, during the course of investigation, the complicity of the petitioner could be gathered on the basis of call detail reports. A confession also is said to have been made by the petitioner admitting that because the deceased was found in an objectionable position with his second wife, he had killed the deceased.

Patna High Court CR. MISC. No.65068 of 2019(4) dt.05-03-2020 2/3 The learned counsel for the petitioner has submitted that except for the confession and call detail reports about which reference has been made in the case diary, there is no other material to connect the petitioner with the offence. The dead body has not been recovered on the basis of confession. He, therefore, submits that at best, the only material against him is the self incriminatory confession.

The case has been committed to the Courts of Sessions but till date, even the charges have not been framed.

Considering the aforenoted aspects, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousands) with sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIth, Nawada in connection with Kashi Chak P.S. Case No. 110 of 2019.

However, it is made clear that if the petitioner

Patna High Court CR. MISC. No.65068 of 2019(4) dt.05-03-2020 3/3 does not present himself before the Trial Court for framing of charge and does not participate in the trial proceedings, his bail shall be liable to be cancelled for which the Trial Court shall promptly take steps on default by the petitioner.

The Trial Court, at the time of granting bail to the petitioner, shall insist for furnishing of an undertaking that he shall visit the concerned police station where the investigation was made and get his presence marked by the investigating officer/officer-incharge every fortnight. With the aforesaid observation, the petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U T