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[Cites 3, Cited by 1]

Jharkhand High Court

Kanhai @ Kanhai Lal Manjhi @ Kanhaiya Lal ... vs State Of Jharkand on 4 July, 2011

Author: H. C. Mishra

Bench: H. C. Mishra

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             B. A. No. 7128 of 2010
          1. Kanhai @ Kanhai Lal Manjhi @ Kanhaiya Lal Manjhi
          2. Mahendra Manjhi
          3. Pratap Manjhi                                 .... ...      Petitioners
                                        Versus
          The State of Jharkhand                            ..... ...    Opposite Party
                                     --------
                 CORAM        :      HON'BLE MR. JUSTICE H. C. MISHRA
                                     ------
          For the Petitioners        :        Mr. Manoj Kumar Jha, Advocate
          For the State              :        Mr. R.C.P.Sah, A.P.P.
                                       ------

6/ 04.07.2011

The case was adjourned for want of viscera report, but the report has come that viscera report has not been received from the Forensic Science Laboratory. Accordingly, heard learned counsel for the petitioners and learned A.P.P. for the Prosecution on merit.

The petitioners have been made accused for the offence registered under Sections 302, 201 and 34 of the Indian Penal Code in connection with Godda (M) P.S. Case No. 235 of 2010 corresponding to G.R. No. 754 of 2010.

The petitioners are the husband, father-in-law and brother-in-law of the deceased and there is allegation against them to have committed the murder of deceased, who is the wife of petitioner no. 1. From the F.I.R., it is apparent that on 21.6.2010, the informant had received a call that his daughter was ill, and when he talked with his daughter, he was informed that a quarrel was going on in the family. Thereafter, the dead body of the deceased was found in a well.

In the facts of this case, I am not inclined to enlarge petitioners, Kanhai @ Kanhai Lal Manjhi @ Kanhaiya Lal Manjhi and Mahendra Manjhi, who are the husband and father-in-law of the deceased, on bail. Accordingly, their prayer for bail is rejected.

So far as petitioner no. 3, Pratap Manjhi, the brother-in-law of the deceased is concerned, in the facts of this case, I am inclined to release him on bail. Accordingly, petitioner Pratap Manjhi is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of Chief Judicial Magistrate, Godda, in connection Godda (M) P.S. Case no. 235 of 2010 corresponding to G.R. No. 754 of 2010.

( H. C. Mishra, J.) R.Kr.