Devsharan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24889 of 2025 Arising Out of PS. Case No.-777 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Devsharan Manjhi, S/o Babu Lal Manjhi, resident of Village-Pura, Tola Sitapur, P.S.-Wazirganj, District-Gaya.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Wazirganj P.S. Case No.777 of 2024 registered for the offences punishable under Sections 103(1) of Bhartiya Nyaya Sanhita, 2023.
3. The accused/petitioner is named in the FIR and is in custody since 20.11.2024.
4. Allegation against the petitioner is to commit the murder of his wife, who is the sister of the informant, where assault was alleged to be caused by 'Tona' (wooden log) out of domestic quarrels.
5. It is submitted by learned counsel that the wife
Patna High Court CR. MISC. No.24889 of 2025(3) dt.24-07-2025 2/3 of petitioner died due to accident, as she fell down from the roof of the house, where she was working and received injuries, which proved fatal. It is further submitted that the occurrence took place after twelve years of marriage. It is also submitted by learned counsel that the informant is not the eye-witness of the occurrence. While concluding argument, it is submitted that investigation of this case is already completed and, as such, there is no chance of tampering with the evidence. Petitioner is a man of clean antecedent.
6. Learned APP while opposing the prayer for grant of bail to the petitioner submitted that petitioner specifically alleged to cause bodily injuries by using 'Tona' (wooden log), which proved fatal. It is submitted that the impact of assault can be easily understand from the postmortem report, as deceased died due to kidney injury and other internal injuries received during occurrence, besides other visible bodily injuries. It is also submitted that petitioner being husband failed to explain the circumstances that how his wife received such fatal injuries in her matrimonial home.
Patna High Court CR. MISC. No.24889 of 2025(3) dt.24-07-2025 3/3
7. In view of aforesaid factual submissions and by taking note of fact as prima facie petitioner being husband failed to explain the circumstances for aforementioned injuries received by his wife, which proved fatal, accordingly, the prayer of bail of petitioner stands rejected herewith, for the present.
8. However, considering the custody period of petitioner as he is in custody since 20.01.2024, the learned trial court is directed to conclude the trial, preferably within one year from the date of receiving of this order. (Chandra Shekhar Jha, J.) Sanjeet/- U T