Mukesh Manjhi @ Mukhia Manjhi @ Mukhiya Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25762 of 2024 Arising Out of PS. Case No.-413 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== Mukesh Manjhi @ Mukhia Manjhi @ Mukhiya Manjhi S/O Sukhadhi Manjhi R/O Vill. - Chiri P.S - Ghoshi Distt. - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-07-2024 Heard the learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 304B and 34 of the Indian Penal Code, registered in connection with Ghosi P.S.Case No.413 of 2021.
3. The informant is the mother of the deceased. As per allegation, the marriage of her daughter was solemnized with the petitioner on 12.07.2021. The customary presents, as per the affording capacity of the informant, was given at the occasion of marriage. Despite that, the accused persons were insisting on demand of a motor-cycle. The petitioner refused to send the deceased to
Patna High Court CR. MISC. No.25762 of 2024(4) dt.30-07-2024 2/3 her maike, unless his demand was fulfilled. On 03.09.2021 at about 9.00 p.m., she received a telephonic message that her daughter had snakebite and when she went to see her, she was apprised that the accused persons had taken her daughter out for treatment. The informant expressed her firm belief that the accused persons after committing murder of her daughter, had concealed her dead-body.
4. The learned counsel for the petitioner has submitted that it is a case of snakebite and the witnesses in paragraph nos. 5, 6 and 7 of the case diary have stated that she died due to snakebite.
5. The deceased died in her matrimonial house only within two months of her marriage in the circumstances, which cannot be termed as otherwise natural circumstances and there is also allegation that the petitioner was demanding a motor-cycle in dowry and he did not allow the deceased to go to her maike, unless his demand was fulfilled. It has not been clarified as to why the post mortem was not done.
6. Considering the above facts and circumstances and gravity of the offence, it is not a fit case to grant the petitioner the privilege of bail, which is hereby rejected.
Patna High Court CR. MISC. No.25762 of 2024(4) dt.30-07-2024 3/3
7. However, the learned court below is directed to expedite the trial of the case.
(Nawneet Kumar Pandey, J) HR/- U T