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Patna High CourtCR. MISC./42698/2018rejected

Yogendra Manjhi @ Jogindar Manjhi v. The State Of Bihar

2018-08-28Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42698 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana -DHANKUND District- BANKA ======================================================

1. Yogendra Manjhi @ Jogindar Manjhi, Son of Narayan Manjhi, Resident of Village- Bari Sijhat, P.S.- Dhankund, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 21.03.2018 in connection with Dhankund P.S. Case No. 68 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner is that he was having an wrong-eye on his daughter-in-law. Since the girl was resisting the same, he allegedly set her on fire. It is further alleged against the petitioner that he had forcibly assaulted the girl in the past on account of such allegations being raised by her. Learned counsel for the petitioner submits that the allegation is false and fabricated and, in fact, when the girl was

Patna High Court Cr.Misc. No.42698 of 2018 (4) dt.28-08-2018 2/3 burnt to death, he had informed her parents. Therefore, the petitioner may be extended the privilege of bail. Diary in the present case was called for which has since been received.

Learned counsel for the State after pointing out to several paragraphs of the case diary has submitted that even the independent witness has stated that the petitioner has allegedly been harassing the girl and forcing her to establish illicit relationship with him but she resisted the same and this was the reason for constant tension between them.

The husband of the deceased lady used to live outside in Rajasthan and on the date of occurrence he was in his sasural whereas it has come on record that the petitioner has taken the girl to her Nanad's place and, thereafter, when they had come back and it was only thereafter the girl was burnt to death. Considering there being sufficient materials in the case diary indicating the complicity of the petitioner, I am not inclined to grant regular bail to the petitioner, the same is accordingly, rejected.

However, the trial court is directed to expedite the trial of the present case so as to conclude the same within a period of nine months from the date of receipt/production of the copy of

Patna High Court Cr.Misc. No.42698 of 2018 (4) dt.28-08-2018 3/3 this order.

(Anjana Mishra, J) Saif/- U T