Criminal Miscellaneous Bail Application where the petitioner, accused of murder (Section 302 IPC), sought bail. The bench, observing direct allegations and eyewitness testimony, declined to grant bail at this stage, rejecting the application.
Bail application rejected; petitioner ordered to remain in judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.51636 of 2016 (2) dt.14-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51636 of 2016
Arising Out of PS.Case No. -35 Year- 2015 Thana -JAYRAMPUR District- SEKHPURA
======================================================
Raja Manjhi, Son of Late Uday Manjhi, R/o Village- Kashibigha (Musshahar), P.S.- Jairampur, Dist- Sheihpura.
.... .... Petitioner
The State of Bihar
Versus .... .... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party : Mr. Sri Kalyan Shankar (APP)
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 14-12-2016 Heard the learned counsel for the petitioner and the learned A.P.P. for State.
The petitioner is languishing in judicial custody since 02.09.2016 in connection with Jayrampur P.S. case no. 35 of 2015 for offences alleged under Section 302 of the Indian Penal Code.
The prosecution story as alleged by the informant is that the informant’s bhabhi was setting her hair after taking bath. In the meanwhile, victims brother Raja Manjhi, the present petitioner came with Mungra of Bamboo in his hand and entered into the house and it is alleged that the present petitioner hold the victim Kiran Devi by catching her hair and thrashed the victim in the courtyard. It is further alleged that the petitioner started
Patna High Court Cr.Misc. No.51636 of 2016 (2) dt.14-12-2016
assaulting by means of Mungra of Bamboo, as a result of which, informant’s Bhabhi (victim) died. On raising alarm, nearby people came and caught the petitioner. In the meanwhile, petitioner’s mausi and mother Muniya Devi came and took away the petitioner.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid offence. He further submits that he has no criminal history and has been falsely implicated due to village politics and the assault was not intentional.
However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R. and there is direct allegation against him and the informant is the eye-witness to the aforesaid occurrence.
Considering the aforesaid facts and circumstances and submissions of the parties, I am not inclined to grant privilege of bail to the petitioner at this stage. This bail application is, accordingly, rejected.
(Nilu Agrawal, J.)
rinkee/-
U T
Patna High Court Cr.Misc. No.51636 of 2016 (2) dt.14-12-2016
2 issues framed by the court
Whether bail should be granted to the petitioner facing charges under Section 302 IPC.
Whether the allegations of false implication and lack of criminal history justify bail in this stage.
Raja Manjhi, Son of Late Uday Manjhi
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
