Patna High CourtCR. MISC./21154/2019bail granted

Chhotu Manjhi v. The State Of Bihar

2019-05-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21154 of 2019 Arising Out of PS. Case No.-373 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== CHHOTU MANJHI Son of Sri Shambhu Manjhi Resident of Village - Gairamjarua, P.S.- Gidhour (Laxmipur), Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.09.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest his implication in the present case. As per statement

Patna High Court CR. MISC. No.21154 of 2019(3) dt.02-05-2019 2/2 of the witnesses made in paragraphs 28, 29 and 30 of the case diary, the deceased has committed suicide. Hence, no offence under Section 304B IPC is made out. At best, it is a case for an offence under Section 306 IPC.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamui in connection with Laxmipur (Gidhaur) P.S. Case No. 373 of 2018.

(Sudhir Singh, J) Pankaj/- U T