Lav Kush Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21800 of 2020 Arising Out of PS. Case No.-137 Year-2014 Thana- GARKHA District- Saran ====================================================== LAV KUSH MANJHI Son of Lalan Manjhi Resident of Village - Mahamda, Police Station - Garkha, District - Saran(Chapra). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai For the State :

Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304B/34 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is husband of the deceased.

A report was called for and the same has been received. It has been reported by the trial court that all the prosecution witnesses have been examined but due to lockdown, the trial has not been concluded.

On behalf of the petitioner, it has been submitted that the

Patna High Court CR. MISC. No.21800 of 2020(3) dt.16-09-2020 2/2 petitioner is in custody since 25-03-2015. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner is in custody for more than five years. The minimum sentence for the offence under Section 304B of the Indian Penal Code is seven years. It has further been submitted that the petitioner undertakes to cooperate in the trial. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-III, Saran at Chapra in connection with S. T. No. 149 of 2015 arising out of Garkha P.S. Case No. 137 of 2014.

(Sudhir Singh, J) A.K.V.//- U T