Sudhir Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21042 of 2020 Arising Out of PS. Case No.-131 Year-2014 Thana- KAUWAKOL District- Nawada ====================================================== SUDHIR MANJHI Son of Parbhu Manjhi Resident of Village - Mananpur, P.S.- Kawakole, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar For the Opposite Party/s :
Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel appearing for the petitioner and Shri Bhanu Pratap Singh, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Kowakole P.S. Case No. 131 of 2014, Session Trial No. 18 of 2020 for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
The case of the prosecution in brief is that the sister of the informant was married with the petitioner herein about 10 years back and the petitioner used to assault the sister of the informant. It is further alleged that the victim has been killed by
Patna High Court CR. MISC. No.21042 of 2020(3) dt.07-09-2020 2/3 the petitioner and other accused persons and her dead body has been thrown in a well.
The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that the marriage had taken place 10 years back and there has been no complaint against the petitioner by his wife. It is further submitted that admittedly on 05.11.2014 at about 2:00 A.M. in the night, the petitioner had come to the house of the informant and had told him that his sister has fled away from the house, however, the FIR has only been lodged on 08.11.2014, after the dead body was recovered, hence the oblique motives of the informant is apparent. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
I have heard the learned counsel for the parties, considered their submissions and perused the case dairy. It is apparent from the case dairy that prima facie there are ample materials to implicate the petitioner in the alleged crime and moreover the petitioner has been absconding all through out and is in custody only since 27.12.2019 although the FIR in question was lodged on 08.11.2014. This Court further finds that the petitioner is alleged to have committed a heinous crime
Patna High Court CR. MISC. No.21042 of 2020(3) dt.07-09-2020 3/3 of having murdered his wife, hence no sympathy can be shown to the petitioner, thus the present petition stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T