Parmatma Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.26386 of 2015 (4) dt.12-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26386 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Parmatma Manjhi Son of Rajendra Manjhi Resident of village- Mala, Police Station- Chapra, Mufassil, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Prasad For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Chapra Mufassil P.S. Case No. 64 of 2014 registered for the offence punishable under Sections 328, 304B/34 of the Indian Penal Code.

Poonam Devi the daughter of the informant was married with the petitioner two years ago from the date of occurrence and the petitioner and his family members used to demand cash of Rs. 2,00,000/- and due to non-fulfillment, Poonam Devi was used to be tortured and ultimately she was brought to Sadar Hospital, Chapra where she died and it is alleged that she was poisoned to death.

Patna High Court Cr.Misc. No.26386 of 2015 (4) dt.12-10-2015 Submission is of false implication and that the witnesses vide paragraph 7, 8, 9, 10 have stated that due to some dispute between husband and wife the deceased consumed poison and she was brought for treatment but she died. The petitioner is suffering in custody since 18.03.2015 and as such he deserves sympathetic consideration and chargesheet has already been submitted. Learned APP opposes the prayer of bail by submitting that within three years of marriage the wife of the petitioner died unnaturally and there is allegation for demanding dowry by way of rupees two lacs.

In the facts and circumstances stated above, considering the position of the petitioner and further allegation attributed against the petitioner is serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

Office is directed to return the Viscera report at once. However, the trial court is directed to expedite the trial and conclude the same as early as possible, preferably, within four months.

(Jitendra Mohan Sharma, J) avin/- U