Karu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36104 of 2023 Arising Out of PS. Case No.-504 Year-2022 Thana- PAKARIBARAW District- Nawada ====================================================== Karu Manjhi Son of Somar Manjhi Resident of Village- Mathgulani ,PSPakribrawan, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 302/34 of the I.P.C .

3. As per the prosecution case, this petitioner along with other accused persons assaulted the husband of the informant due to which he died.

4. It is submitted that only on the basis of suspicion this petitioner has been made accused in this case. There is 9 days' delay in lodging the F.I.R for which there is no explanation. It is further submitted that informant is not an eyewitness of the occurrence. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submitted that delay in lodging the F.I.R has already

Patna High Court CR. MISC. No.36104 of 2023(2) dt.28-07-2023 2/2 been explained by the informant in the F.I.R itself. It is further submitted that husband of the informant, in his dying declaration, disclosed that this petitioner along with other accused person assaulted him. Post-mortem report also corroborates the prosecution case.

6. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Navya/- U T