Mishri Lal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14567 of 2015 Arising Out of PS.Case No. -51 Year- 2013 Thana -RIVILGANJ District- SARAN ======================================================

1. Mishri Lal Manjhi Son of Debi lal Manjhi resident of Village- Kachanar, P.s -Revilaganj, District Saran(Chapra) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 328, 304 (B) and 34 of the I.P.C Laxmina Devi, the daughter of the informant, was married to the petitioner in the year 2010 and allegedly due to non fulfillment of demand of dowry by way of Chain, Bed etc. she was being tortured and ultimately was poisoned to death by the petitioner and other in-laws.

Submission is of false implication and that there was cordial relation between the petitioner and his wife, the petitioner never demanded anything either from his wife or from any one, during investigation it has come that due to some petty dispute the

Patna High Court Cr.Misc. No.14567 of 2015 (7) dt.01-03-2016 2/2 wife of the petitioner committed suicide by consuming poison herself and as such the petitioner who is suffering in custody since 01.01.2014 deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the petitioner is the husband.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to 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 C.J.M. Saran at Chapra in Revilganj P.S. Case No. 51 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T