Amit Kumar @ Amit Kumar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42363 of 2025 Arising Out of PS. Case No.-517 Year-2024 Thana- AMARPUR District- Banka ====================================================== Amit Kumar @ Amit Kumar Manjhi, aged about 27 years, Gender-Male, son of Sahendra Manjhi @ Sahindra Manjhi, Resident of Village -Dhanay, P.S. -Amarpur, District -Banka.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vijay Anand, Advocate For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 465/2024+10/25, arising out of Amarpur P.S. Case No. 517/2024 dated 31.07.2024 registered for the offences punishable under Section 80(2) read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the petitioner and the other co-accused persons are alleged to have killed the daughter of the informant due to non-fulfillment of demand of dowry as motorcycle.
4. Earlier prayer for bail of the petitioner was rejected by the Co-ordinate Bench of this Court in Cr. Misc. No. 18005
2/4 of 2025 vide order dated 19.03.2025, annexed as Annexure-P/1 to the present bail application with the liberty to the petitioner to renew his prayer for bail after framing of charge.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is the husband of the deceased. The petitioner has neither demanded any dowry from the deceased or from her family members nor tortured the deceased. There is general and omnibus allegation of demand of dowry and torture against the petitioner. It is further submitted that the family member of in-laws of the deceased informed about the occurrence to the informant. The alleged occurrence took place on 29.07.2024 and on the same day the informant was informed about the occurrence and the F.I.R. has been lodged on 31.07.2024 and there is delay of two days in lodging the F.I.R., and no explanation for such delay has been given by the prosecution.
It is further submitted that prior to institution of the F.I.R., the postmortem of the deceased was conducted on 30.07.2024 and the inquest report has also been prepared prior to lodging of the F.I.R. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 01.10.2024 in this case.
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6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has further submitted that the petitioner is the husband of the deceased and he alongwith the other co-accused persons have killed the daughter of the informant due to non-fulfillment of the demand of dowry as motorcycle.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-Vth, Banka, in connection with Sessions Trial No. 465/2024+10/25, arising out of Amarpur P.S. Case No. 517/2024 with further conditions:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
(II). The petitioner is directed to co-operate in the trial.
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8. The application stands allowed.
U.K./- (Chandra Prakash Singh, J) U T