Nagendra Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38564 of 2018 Arising Out of P.S.Case No. -147 Year- 2016 Thana -PANCHRUKHI District- SIWAN ====================================================== Nagendra Manjhi Son of Subhash Manjhi Resident of Village - Ghorgahiya, Police Station - Pachrukhi, District Siwan. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner is in custody in connection with Pachrukhi P.S.Case No.147 of 2016 registered for an offence under Sections 304(B) and 201/34 of the IPC.
The informant of this case is mother of the deceased. As per FIR, the daughter of the informant was married with this petitioner in the year 2014. After marriage, her in-laws used to demand of Rs.1,00000/- as further dowry. As the said demand was not fulfilled, the accused persons brutally assaulted and committed murder of the deceased. They disposed of the dead body without giving any information.
It has been submitted that the allegation of demand of money is omnibus. The petitioner is a poor labour and he was residing in Punjab for earning his livelihood. The informant in his
Patna High Court Cr.Misc. No.38564 of 2018 (3) dt.24-07-2018 2/2 written report has also stated that this petitioner was outside since last 20 days prior to the alleged occurrence. In course of investigation, none of the witness has stated about the presence of the petitioner in the village. He further submits that some of the co-accused persons have also been granted bail by another Benches of this Court. Petitioner is in custody since 26.11.2016 having clean antecedent.
The learned APP opposed the submissions.
Considering the facts and circumstances of the case, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-VI, Siwan in connection with Pachrukhi P.S.Case No.147 of 2016 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T