Manoj Kumar Ray @ Manoj Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 82361 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- GARKHA District- Saran ====================================================== Manoj Kumar Ray @ Manoj Ray Son Of Yamuna Ray R/O Village- Aloni, P.S.- Garkha, District- Saran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Garkha P.S. Case No. 133 of 2023 dated 14.03.2023, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the informant had not returned to house after she went outside to get water and her daughter's dead body was recovered on the next day morning around 50 meter away from her house. The informant named eight persons as accused on the basis of suspicion. During investigation, the name of the petitioner transpired in this case with allegation that he has assisted the informant in the name of honour killing.
Patna High Court CR. MISC. No. 82361 of 2023(3) dt.08-02-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to village politics. He further submits that the petitioner has no concerned with the affairs of the informant or her daughter. Except the confessional statement, there is nothing material against the petitioner. No incriminating article has been recovered from the possession of the petitioner. He also submits that petitioner is in custody since 07.09.2023 having one criminal antecedent of the year 2002 and the charge-sheet has already been submitted in this case. There is no chance of absconding with the petitioner or tampering with the evidences.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- IVth, Saran at Chapra/Concerned Court in connection with Garkha P.S. Case No. 133 of 2023 subject to the condition that:
(i) The petitioner undertakes to co-operate in the trial
Patna High Court CR. MISC. No. 82361 of 2023(3) dt.08-02-2024 3/3 and shall be represented properly on each and every date fixed by the trial court and in case of default, in such appearance on two consecutive case, the trial court will have liberty to cancel the bail bonds of the petitioner.
(Sunil Dutta Mishra, J.) sadique/- U T