Chandsur Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6500 of 2022 Arising Out of PS. Case No.-381 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== CHANDSUR MANJHI Son of Late Ram Das Manjhi Resident of Village - Surdaspur, P.S.- Sheikhpura, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 302 of the Indian Penal Code. As per the prosecution case, on 03.09.2020, due to some domestic dispute, this petitioner came at the house of informant and assaulted the mother of informant with kulhari (axe), as a result of which, she died during course of treatment. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to old enmity and dispute. Petitioner is agnate of the informant and as per F.I.R., though the alleged occurrence is said to have taken place on 03.09.2020, but the F.I.R. has been lodged belatedly on 08.09.2020 without any plausible explanation of delay. Petitioner is in custody since 08.09.2020.

Patna High Court CR. MISC. No.6500 of 2022(2) dt.07-04-2022 2/2 However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against this petitioner of causing assault by kulhari, due to which, mother of informant died.

Considering the allegation levelled against the petitioner and gravity of the offence, the bail petition of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T