Mahangu Manjhi @ Mukhlal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36887 of 2025 Arising Out of PS. Case No.-802 Year-2023 Thana- DOBHI District- Gaya ====================================================== Mahangu Manjhi @ Mukhlal Kumar Son of Kishor Mandal R/O VillKeshapi, Tola Murgiashor, P.S.- Dobhi, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Sharma For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 249 of 2024/53 of 2024, arising out of Sherghati (Dobhi) P.S. Case No. 802 of 2023 dated 21.07.2023 registered for the offences punishable under Sections 302 and 201 of the I.P.C.
3. As per the prosecution case, the petitioner is alleged to have committed murder of the informant's younger daughter, namely, Anju Kumari.
4. 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 has been made
2/4 accused in the present case only on the basis of suspicion. There is no eye witness to the alleged offence. It is submitted that the elder daughter of the informant has only said the informant that the deceased used to talk with the petitioner on mobile phone. The real fact is that there was love affair between the petitioner and the deceased and during investigation, the elder daughter of the informant has stated that the petitioner had given a mobile phone to the deceased and from that mobile they used to talk to each other and due to that the family members of the deceased used to torture the deceased and on account of that she herself took poison.
It is further submitted that during investigation, one Pintu Kumar has also stated before police that there was hot exchange on mobile phone between the deceased and the petitioner and except that nothing has come against the petitioner. It is further submitted that the deceased died in the midnight of 20.07.2023 to 21.07.2023 and her post-mortem was conducted on 21.07.2023 at 11.45 A.M., but the doctor has opined the time of death 12 to 16 hours prior to the postmortem examination meaning thereby she would have died between 6.00 P.M. to 10.00 P.M. on 20.07.2023 which clearly falsifies the prosecution case.
3/4 mobile phone of the same locality. It is further submitted that no external and internal injury has been found on the body of the deceased and the cause of death has not been opined by the doctor for which viscera has been preserved and sent for chemical examination report. As per Letter No. 207 dated 25.08.2025, there are total six witnesses in this case out of which only one prosecution witness has been examined. It is further submitted that there is a delay on the part of prosecution. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 02.08.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has further submitted that from perusal of paragraph no. 21 of the case diary, it appears that on the alleged date and time of the occurrence, the tower location of the mobile phone of the petitioner and the deceased through which talks were made between them were at same location i.e., Kangar Cell ID 40552135622842. Earlier the regular bail of the petitioner was rejected by this court vide order dated 23.07.2024 passed in Cr. Misc. No. 4078/2024.
6. Considering the aforesaid facts and circumstances
4/4 of the case as well as the period of custody, the petitioner abovenamed, 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 Court concerned, Sherghati, Gaya in connection with Sessions Trial No. 249 of 2024/53 of 2024, arising out of Sherghati (Dobhi) P.S. Case No. 802 of 2023, with the 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 bond of the petitioner is liable to be cancelled. (ii). The petitioner is directed to co-operate in trial in the learned court concerned.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T