Manohar Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11264 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- BISHANPUR District- Darbhanga ====================================================== Manohar Kumar Jha Son of Late Harekrishna Jha Resident of VillageHarichanda Panchabh, P.S.- Bishanpur, District-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Bishanpur P.S. Case No. 83 of 2024 registered for the alleged offences under Sections 103(1) and 3(5) of B.N.S.

3. As per prosecution case, the petitioner was married with the sister of the informant in the year 2008 and allegation is that he has been demanding money and torturing the sister of the informant and when the demand was not met, the petitioner killed the sister of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner never demanded any money or any other article from the informant or his sister and only false allegation

Patna High Court CR. MISC. No.11264 of 2025(5) dt.02-07-2025 2/3 has been levelled. The petitioner and the deceased have two children and elder son is aged about 16 years and younger son is aged about 7 years and it is not believable that after passage of so much time such demand would be made. During investigation no one has come to support the case of the informant and prior to the case lodged by the informant there was no complaint against the petitioner. On the fateful day, a quarrel took place between the petitioner and his deceased wife and the petitioner left the house for his work and the sister of the informant committed suicide. The postmortem report does not support the prosecution case and viscera report shows the death was caused due to consumption of Aluminum Phosphide (Celphos) which shows the sister of the informant committed suicide. The petitioner is in custody since 20.12.2024 and charge sheet has been submitted. The petitioner has no criminal antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the possibility of suicide by the deceased and further considering the period of custody of the petitioner and submission of charge

Patna High Court CR. MISC. No.11264 of 2025(5) dt.02-07-2025 3/3 sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX, Darbhanga/concerned Court in connection with Bishanpur P.S. Case No. 83 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T