IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35280 of 2010 KISHORI MANJHI, SON OF BAIJAL MANJHI, RESIDENT OF VILLAGE-SIVSONA, (MUSAHARI), POLICE STATION-HALSI, DISTRICT-LAKHISARAI. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Amrendra Kumar, Advocate For the State : APP. ----------- 03/ 04.05.2011 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Earlier, prayer for bail of this petitioner was rejected on 23.07.2009 in Cr. Misc. No. 7777 of 2009. Along with the petitioner, prayer for bail of Dukhan Manjhi was also rejected. The petitioner is accused of the case which has been registered under Section 302 of the Indian Penal Code against unknown. Prakash Manjhi has given his statement under Section 164 of the Code of Criminal Procedure that he has seen the petitioner and two others immediately after the occurrence that they were coming out of the house of the deceased and at that time they were having sharp cutting weapons in their hand. It was also stated that the 2 accused persons tried to outrage the modesty of a lady and when she identified then she was killed. It was directed that the petitioner could be at liberty to renew his prayer for bail after examination of Prakash Manjhi. Prakash Manjhi has not been examined because his whereabouts have not been located. A report has been called for and from the report it appears that the case has been committed to the court of Sessions, Munger. Considering the statement of Prakash Manjhi during investigation, prayer for bail of this petitioner was rejected. Considering the facts and circumstances of the case, prayer for bail of the above named petitioner is again rejected. However, the petitioner may renew his prayer for bail after examination of Prakash Manjhi as a witness. kksinha/- (Shyam Kishore Sharma, J.)