Chhotan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 49218 of 2021 Arising Out of PS. Case No.-425 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

CHHOTAN MANJHI Son of Sukhu Manjhi @ Sukhalu Manjhi @ Sukhulu Manjhi R/o Village - Babhna, P.S. and District - Jehanabad. 2.

Ravindra Manjhi son of Sukhu Manjhi @ Sukhalu Manjhi @ Sukhulu Manjhi R/o Village - Babhna, P.S. and District - Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-03-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated that the accused persons including the two petitioners herein who are the elder brother and younger brother of the husband of the deceased tortured the daughter of the informant and ultimately she was done to death. On search her body was found buried by the side of the river.

It is submitted by learned counsel for the petitioners that the petitioners happen to be the dewar (husband's younger brother) of the deceased and bhaisur (husband's elder brother) of the deceased. The allegations against the petitioners are false and concocted, and have been made only for the reason of their being the brothers of the husband of the deceased. The allegations are general and omnibus in nature and there are

Patna High Court CR. MISC. No. 49218 of 2021(3) dt.23-03-2022 2/2 no eye witness to the occurrence. The husband of the deceased is in custody. The petitioners are in custody since 16.3.2021 and 22.5.2021 respectively. They have no criminal antecedent and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the relationship of the petitioners with the deceased, the husband of the deceased being in custody and the petitioners having remained in custody for more than 10 months, the petitioners are directed to be enlarged on bail in connection with Sessions Trial no. 83 of 2021 (arising out of Jehanabad P.S. Case no. 425 of 2020) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-3, Jehanabad. (Partha Sarthy, J) Spd/- U T