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[Cites 5, Cited by 2]

Madhya Pradesh High Court

Pappu Alias Rajendra Manjhi vs The State Of Madhya Pradesh on 4 March, 2016

                                MCRC-258-2016
             (PAPPU ALIAS RAJENDRA MANJHI Vs THE STATE OF MADHYA PRADESH)


04-03-2016

Shri G.S.Baghel, learned counsel for the applicant.
Shri Vijay Soni, learned PL for the respondent/State with case diary.

Heard.

This is first application under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.185/2012 registered at Police Station Vishwavidyalay, District Rewa (M.P.), for offences punishable under Sections 363, 376 and 506/34 of I.P.C.. Applicant is in jail since 22.11.2015.

Submission of learned counsel for the applicant is that the prosecutrix, who is the wife of brother of the applicant, had earlier filed a complaint against her husband alleging these offences in which brother of applicant has been acquitted by the trial Court. There was a family dispute regarding property, therefore, the prosecutrix lodged the complaint against the present applicant. It was also submitted that the prosecutrix died on 23.6.2013 and in support of this contention, he produced the death certificate issued by the Joint Director/Superintendent Gandhi Memorial Hospital Huzur, District Rewa, for perusal before this Court.

After hearing the learned counsel for the parties and aforesaid submissions, in the opinion of this Court, this application deserves to be allowed and it is hereby allowed.

Accordingly, it is directed that the applicant Pappu alias Rajendra Manjhi be released from custody subject to his furnishing a personal bond in the sum of Rs.30,000/- (Rs. Thirty Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before the concerned court on all the dates of hearing fixed in this behalf by the court concerned during trial. M.Cr.C. stands disposed of.

Certified copy on payment of usual charges.

(S.K. SETH) JUDGE