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Patna High CourtCR. MISC./20550/2024allowed

Balmiki Manjhi v. The State Of Bihar

2024-06-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20550 of 2024 Arising Out of PS. Case No.-384 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== Balmiki Manjhi Son Of Jayram Manjhi R/O Village Mandra, P.S. Kawakol, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner, informant and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 201, 504, 506/34 of the Indian Penal Code.

It is a case of commission of murder of the daughter of the informant by all her in-laws family members including the petitioner for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.20550 of 2024(4) dt.21-06-2024 2/3 been implicated in this case. It is further submitted that for the alleged occurrence of 22.09.2021 the F.I.R was registered on 24.09.2021 without explaining the delay. The petitioner is husband of the deceased. There is no prior complaint regarding torture or demand of dowry against the petitioner. The petitioner and the deceased were living a happy conjugal life and the deceased died due to illness. The petitioner is languishing in custody since 08.09.2023. A statement has been made in para 3 of the petition that petitioner has clean antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that the deceased died within seven years of the marriage. The petitioner is husband of the deceased and he was fully responsible for commission of murder of the deceased.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the

Patna High Court CR. MISC. No.20550 of 2024(4) dt.21-06-2024 3/3 charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Nawada in connection with Kawakol P.S. Case No. 384 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T