Guddu Manjhi @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15574 of 2025 Arising Out of PS. Case No.-457 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Guddu Manjhi @ Guddu Kumar Son of Tilak Manjhi Resident of VillageBaghey Khap, PS- Cherki (Bodhgaya), Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-06-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with S. Tr. No. 147 of 2024 arising out of Bodh Gaya (Cherki) P.S. Case No. 457 of 2023 instituted for the offence under Sections 304(B) & 34 of the Indian Penal Code.
3.
Prosecution case in a nutshell is that the daughter of the informant was done to death at her matrimonial house by the petitioner and her in-laws due to non-fulfillment of the demand of dowry.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.12.2023. Petitioner is stated to be man of clean antecedent.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present
Patna High Court CR. MISC. No.15574 of 2025(4) dt.30-06-2025 2/3 case. Petitioner is the husband of the deceased. From perusal of the FIR, it appears that there is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is no independent eye-witness to the alleged occurrence. He further submits that at the time of occurrence, the petitioner was not present at the house. Even the petitioner was not present in the village on the date and time of alleged occurrence. It is lastly submitted that charge sheet has already been submitted in this case. Learned counsel for the petitioner further submits that the co-accused Tilak Manjhi, who is the father-in-law of the deceased, has already been granted bail by this Court vide order dated 13.03.2024 passed in Cr. Misc. No. 16576 of 2024. Learned counsel for the petitioner further submits that the charge has not been framed as yet and, as such, there is no likelihood of conclusion of the trial in near future.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.
Pursuant to the order of this Court dated 11.04.2025, the learned court below has sent status report dated 26th April, 2025, stating therein that the case is fixed for the hearing on the charge. It has also been stated that the trial of this
Patna High Court CR. MISC. No.15574 of 2025(4) dt.30-06-2025 3/3 case is likely to be concluded within a period of next 8 months. 8.
Considering the aforesaid facts and circumstances of the case, long incarceration of the petitioner, clean antecedent of the petitioner as also taking into account the present stage of trial, this Court is inclined to grant bail to the petitioner. 9.
Let the petitioner 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 Court below/concerned Court in connection with S. Tr. No. 147 of 2024 arising out of Bodh Gaya (Cherki) P.S. Case No. 457 of 2023, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T