Satyendra Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10116 of 2017 Arising Out of PS.Case No. -54 Year- 2016 Thana -JAMOBAZAR District- SIWAN ====================================================== Satyendra Manjhi, Son of Biresh Manjhi, Resident of Village- Khoripakar, P.S.- Jamo Bazar, District- Siwan.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2017 Heard both sides.
The petitioner apprehends his arrest in Jamo Bazar P.S. Case No. 54 of 2016 registered for the offences punishable under sections 304B, 201/34 of the Indian Penal Code. The informant alleged that the petitioner and his family members brutally assaulted his grand-daughter on 10.06.2016 and on the next day, the petitioner informed the informant about the missing of grand-daughter of the informant. Learned counsel for the petitioner submits that the petitioner, of course, is husband of Sheela Devi, grand-daughter of the informant, but she herself left the house of the petitioner. The petitioner never tortured his wife. No offence under section 304B of the Indian Penal Code is made out against the petitioner, as
Patna High Court Cr.Misc. No.10116 of 2017 (5) dt.24-04-2017 2/2 there is no evidence that he killed his wife and dispose of her dead body to screen out the evidence, but it appears that there is an allegation that the petitioner was subjecting his wife to torture due to non-fulfilment of demand of dowry and wife of the petitioner is still traceless.
Considering the facts and circumstances, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.
If the petitioner surrenders in the court below, the court below shall consider his case for regular bail on its own merit without being prejudiced by this order. (Prabhat Kumar Jha, J) Mahesh/- U T