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Patna High CourtCR. MISC./76462/2019bail granted

Suneshwar Manjhi @ Suneshwar Malle v. The State Of Bihar

2020-05-28Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76462 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== Suneshwar Manjhi @ Suneshwar Malle, Son of Nand Kishore, Resident of Village- Pakri Makariyar Badali, P.S.- Dhanauti, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Singh For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-05-2020 Heard learned counsel for the petitioner and Mr. A.M.P. Mehta, learned A.P.P. for the State through Video Conferencing.

The petitioner is accused in connection with Daraunda P.S. Case No. 130 of 2019, registered under Section 302/34 of the Indian Penal Code.

The accusation is that after taking dinner at about 10 P.M., on 18.06.2019, Simran Kumari and Anjali Kumari, both daughter of informant, Laxman Manjhi, went at the roof for sleeping, while he along with other family members sleeping in the house. In the morning at 6 A.M., his daughter Simran Kumari was not seen on the roof then Anjali Kumari came down from the roof and went in western room then saw her Sister

Patna High Court CR. MISC. No.76462 of 2019(4) dt.28-05-2020 2/3 Simran Kumari lying dead pool with blood sustaining cut injury at her neck. Thereafter, she came near the informant and gave the information then informant and his wife went in the room and found his daughter Simran Kumari pool with blood. The informant raised suspicion that unknown miscreants committed the murder of his daughter by sharp cutting weapons. Learned counsel for the petitioner submits that it would appear from the FIR that informant, Laxman Manjhi came to know about the incident to his daughter, Anjali Kumari, who was present there but informant has not disclosed the name of any miscreants in the FIR.

Later on, police managed to record the statement of Anjali Kumari in course of investigation, in which, she has detailed that this petitioner had come at the roof and when she made query then petitioner handed over Rs.300/- and asked to slip. Thereafter, she slept and in the morning, her sister was absent and thereafter, she found the dead body of her sister pool with blood. In fact, due to dirty village politics, the petitioner has falsely been implicated in the present case later on in course of investigation. It is further submitted that petitioner has no criminal antecedent and is in custody since 10.07.2019.

Patna High Court CR. MISC. No.76462 of 2019(4) dt.28-05-2020 3/3 on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Siwan, in connection with Daraunda P.S. Case No. 130 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T