Manjhi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29716 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- SAHIYARA District- Sitamarhi ====================================================== MANJHI RAM SON OF GARHU RAM RESIDENT OF VILLAGEORLAHIYA, PS- SAHIYARA, DIST- SITAMARHI ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sahiyara P.S. Case No. 186 of 2022 registered for the offences punishable under Sections 304 (B), 201, 34 of the Indian Penal Code.

As per prosecution case, petitioner and others concertedly committed the murder of informant's grand daughter for non fulfillment of demand of dowry. It is further alleged that informant's grand daughter was pregnant. Learned counsel for the petitioner submits that petitioner is father-in-law of the deceased and he has no say in the family affairs of the deceased and her husband. There is no specific allegation against the petitioner and he has nothing to

Patna High Court CR. MISC. No.29716 of 2023(2) dt.12-06-2023 2/3 do with the said occurrence. He further submits that petitioner is quite innocent and has committed no offence as alleged against him in FIR and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. He further submits that petitioner is in custody since 16.12.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner is father-in-law of the deceased and he has no say in the family affairs of the deceased and her husband, keeping in view clean antecedent of petitioner and charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Sitamarhi in connection with Sahiyara P.S. Case No. 186 of

Patna High Court CR. MISC. No.29716 of 2023(2) dt.12-06-2023 3/3 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T