Nandan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16181 of 2022 Arising Out of PS. Case No.-128 Year-2021 Thana- HAYAGHAT District- Darbhanga ====================================================== Nandan Manjhi S/O Binay Manjhi R/o Mohalla/Village- Hathauri, P.S.- Hayaghat, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kedar Jha For the Opposite Party/s :
Mr.Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2022 Heard both parties.
The petitioner apprehends his arrest in Hayaghat P.S. Case No. 128 of 2021, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. As per the prosecution case, this petitioner along with co-accused persons killed the daughter of informant by hanging for non-fulfillment of demand of dowry.
It is submitted that petitioner has falsely been implicated in this case. As a matter of fact, the deceased committed suicide. Entire allegation is false and baseless. It is further submitted that real fact is that informant has filed a petition on 07.01.2022 before the Court of learned Judicial Magistrate, Darbhanga (annexure-2) stating therein that due to mistake of fact present FIR has been lodged.
Patna High Court CR. MISC. No.16181 of 2022(2) dt.25-08-2022 2/2 Counsel for State opposed the prayer for bail and submitted that petitioner is none else than husband of the deceased.
Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected.
(Prabhat Kumar Singh, J) vinita/- U T