Arjun Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.41115 of 2015 (3) dt.05-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41115 of 2015 Arising Out of PS.Case No. -392 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Arjun Manjhi son of Mati Chandra Manjhi, resident of VillageJaysinghpur Tola, P.S.- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Pramod Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Turkauliya P.S. Case No. 392 of 2014 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Gita Kumari, the daughter of the informant was married to the petitioner ten years ago and as she did not give birth of a child and, as such, she was being tortured and assaulted by the petitioner and others resulting the daughter of the informant committed suicide by hanging herself.

Submission is of false implication and that due to some dispute, the wife of the petitioner committed suicide and this fact has been stated by the witnesses also during investigation vide paras 35, 36 and 37 of the case diary and the doctor has also found the cause of death due to asphyxia. After investigation,

Patna High Court Cr.Misc. No.41115 of 2015 (3) dt.05-01-2016 chargesheet has been submitted under Section 306/34 IPC and, as such, the petitioner who is suffering in custody since 23.07.2014 having no criminal antecedent, deserves sympathetic consideration to which the learned A.P.P. does not oppose.

In the facts and circumstances stated above, considering that chargesheet has been submitted under Section 306/34 Indian Penal Code the wife of the petitioner committed suicide and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 10th Additional sessions Judge, East Champaran, Motihari arising out of Turkauliya P.S. Case No. 392 of 2014 subject to the conditions that one of the bailors must be 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) sushma/- U