Lalan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22252 of 2022 Arising Out of PS. Case No.-299 Year-2021 Thana- JAMUI District- Jamui ====================================================== LALAN MANJHI Son of Late Ramdas Manjhi Resident of Village - Harnaha, P.S.- Jamui, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Lal For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-01-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Jamui P.S. Case No. 299 of 2021 registered for the offences punishable under Sections 147, 149, 302 of the Indian Penal Code. As per prosecution case, marriage of informant's daughter was solemnized with the petitioner ten years prior to present occurrence according to Hindu customs and rites. It is alleged that on 24.07.2021 informant got information that petitioner and others committed murder of her daughter by strangulating her neck. Thereafter informant reached matrimonial house of her daughter and found dead body of her

Patna High Court CR. MISC. No.22252 of 2022(3) dt.12-01-2023 2/3 daughter lying in the house and all the accused persons were found absconding. It is alleged that reason behind the murder is that informant's daughter was issueless.

Learned counsel for the petitioner submits that petitioner is in custody since 28.01.2022 and bears no criminal antecedent. He further submits that petitioner is quite innocent and has committed no offence and he has falsely been implicated in the case just because he is husband of the deceased. Petitioner has nothing to do with the alleged occurrence.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner by submitting that petitioner is husband of the deceased and there is allegation of committing murder of informant's daughter as she was issueless and the postmortem report also reveals that victim died of injuries sustained by her. Considering the facts and circumstances of the case, petitioner is husband of the deceased, nature of allegation levelled against the petitioner coupled with postmortem report as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

However, the petitioner may renew prayer of bail after nine months from the date of receipt/production of copy of this

Patna High Court CR. MISC. No.22252 of 2022(3) dt.12-01-2023 3/3 order to the court concerned, if there is no substantial progress in the proceeding of trial within the stipulated period. (Alok Kumar Pandey, J) shahzad/- U T