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Patna High CourtCR. MISC./25768/2023dismissed

Umesh Manjhi @ Umesh Kumar Manjhi v. The State Of Bihar

2023-08-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25768 of 2023 Arising Out of PS. Case No.-231 Year-2021 Thana- AANDAR District- Siwan ====================================================== Umesh Manjhi @ Umesh Kumar Manjhi Son Of Ramkeshwar Manjhi R/O Village- Hujahujipur, P.S.- Andar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with other family members killed the daughter of the informant over demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is husband of the deceased. He submits that there is no specific overt act against the petitioner. He further submits that at the time of alleged occurrence, the petitioner was not present at the house. He further submits that petitioner has got no criminal antecedent as

Patna High Court CR. MISC. No.25768 of 2023(3) dt.21-08-2023 2/2 stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposes the bail application and submits that the petitioner is involved in this case and there is specific allegation against him. Hence, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Andar P.S. Case No. 231 of 2021. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T