Upendra Manjhi @ Jahru Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42181 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- AMAS District- Gaya ====================================================== Upendra Manjhi @ Jahru Manjhi Son of Late Laxmi Manjhi R/O VillageBhaluhai, Tola- Masurivar, P.S.- Amas, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Amas P.S. Case No. 52 of 2024 registered for the offence punishable under Sections-302, 120(B) of the Indian Penal Code.

3. Allegedly, the informant's brother namely Chottu Manjhi was murdered by the petitioner. The reason behind the occurrence is said to be illicit relation of the petitioner with wife of the deceased.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The allegation is entirely false and concocted. Had

Patna High Court CR. MISC. No.42181 of 2024(3) dt.24-09-2024 2/3 there been any relation between the wife of the deceased and the petitioner, the petitioner should have abstain from participating in the marriage of son of the petitioner which shows that the relation between the petitioner and the deceased was cordial. Learned counsel for the petitioner has also submitted that when the marriage of the petitioner solemnized, the wife of the deceased has not even taken birth. It has further been submitted that there is no evidence in the entire case diary showing the culpability of the petitioner in the alleged occurrence.

5. On the otherhand, Mr. J. N. Thakur, learned counsel appearing for the State has opposed the prayer for bail.

6. There is no eye witness in this case. The FIR itself shows that the deceased has participated in the marriage ceremony of son of the petitioner, which makes it clear that there was cordial relation between the deceased and the petitioner.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Kalpana Bharti, learned Judicial Magistrate-Ist Class, Sherghati at Gaya in connection with Amas P.S. Case No. 52 of 2024 subject to the

Patna High Court CR. MISC. No.42181 of 2024(3) dt.24-09-2024 3/3 condition that the petitioner will cooperate in trial and shall make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T