Dinesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17430 of 2019 Arising Out of PS. Case No.-222 Year-2017 Thana- MASHRAK District- Saran ====================================================== Dinesh Manjhi, Son of Sri Raj Kishore Manjhi, Resident of VillageGangauli, P.S.- Masharakh, District- Saran at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the victim, is languishing in custody since 21.01.2019 in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case, as per the written report of Kalawati Kunwar submitted to the Station House Officer of Masharakh Police Station, is to the effect that the daughter of the informant, Kiran Devi was married with the petitioner, Dinesh Manjhi about 16 years prior to the lodging of the case. On 20.08.2017 at 8.00 A.M. the informant went to the in-laws of

Patna High Court CR. MISC. No.17430 of 2019(2) dt.29-03-2019 2/3 her daughter and found the house locked and none of the villagers conveyed anything, hence, the informant suspicioned that her daughter has been killed by her in-laws people. It is submitted by learned counsel for the petitioner that no motive for killing the victim has been alleged in the FIR. Admittedly, there is no eye witness to the alleged occurrence. In fact, the victim died due to the illness and the informant has participated in the cremation and thereafter, the FIR has been lodged. The impugned order also does not suggest that there is any direct evidence collected during investigation against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is the husband of the victim and hence, he is responsible for unnatural death of the victim.

Considering the fact that the case has been registered under Section 302 of the IPC and neither from the FIR nor from the impugned order, it appears that any direct evidence has been collected during investigation against the petitioner, 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

Patna High Court CR. MISC. No.17430 of 2019(2) dt.29-03-2019 3/3 each to the satisfaction of learned 8th Additional Chief Judicial Magistrate, Saran at Chapra in connection with Masharakh P.S. Case No. 222 of 2017.

(Dinesh Kumar Singh, J) DKS/- U T