Sunil Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33310 of 2019 Arising Out of PS. Case No.-203 Year-2015 Thana- PUNPUN District- Patna ====================================================== SUNIL MANJHI Son of Gulab Manjhi Resident of Village - Bauk, P.S.- Punpun, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar Sinha For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Punpun P. S. Case No. 203 of 2015 instituted for the offence under Section(s) 302 /34 of the Indian Penal Code.

Petitioner is husband of deceased.

In the written report, it is alleged that niece of the informant was married with this petitioner. The informant got information on 12.9.2015 at 5 AM that his niece has been killed in her sasural by this petitioner and other family members by administering poison and pressing her neck. Reason behind the occurrence is that niece of informant had refused to give the money which was deposited in her account.

Case diary has been received, wherein, the

Patna High Court CR. MISC. No.33310 of 2019(3) dt.18-07-2019 2/3 postmortem report of deceased is available.

Learned counsel for State has submitted that witnesses in paragraph nos. 50 and 51 of the case diary have stated that prior to death of victim, she was assaulted by petitioner and other accused persons. In the postmortem report doctor has found several antemortem injuries and opined the cause of death due to aforesaid injuries over face, chin and other parts of the body.

Learned counsel for petitioner submits that F.S.L. report is available at paragraph no. 123 of the case diary, wherein, it is mentioned that no poisonous substance was detected in the sample. This Court finds that non finding of poisonous substance supports the allegation that victim died due to assault which gets support from postmortem report. The doctor has found three injuries on her person. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of nine months from the date of receipt of copy of this order.

Patna High Court CR. MISC. No.33310 of 2019(3) dt.18-07-2019 3/3 Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T