Arjun Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54929 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- PARAIYA District- Gaya ====================================================== Arjun Manjhi, Son of Mangru Manjhi, Resident of Village- Ramna Par, P.S.- Paraiya, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 31-08-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Manish Kumar No.2, learned counsel appearing on behalf of the petitioner and learned counsel for the State.

The petitioner seeks regular bail, who is in custody in connection with Paraiya P.S. Case No. 113 of 2020 registered for the offences punishable under Sections 302/201/34 of the Indian Penal Coe.

As per the prosecution case, it is alleged that the informant, who happens to be Dafadar, received an information that the petitioner by beating his wife committed her murder and in order to conceal the evidence took her dead body for

Patna High Court CR. MISC. No.54929 of 2021(4) dt.31-08-2022 2/3 cremation and when he reached to the place of cremation, on noticing him the accused persons including the petitioner fled away. Thereafter the dead body was extracted from the ground and several injuries marks were found on her body and at the place of occurrence co-accused Santosh Kumar, who is said to be the son of the petitioner, was arrested.

Learned counsel appearing on behalf of the petitioner submits that there is no eye witness to the alleged occurrence and save and except the suspicion that the petitioner, who happens to be the husband of the deceased, is instrumental in the death of his wife, there is no material. It is lastly submitted that the petitioner, having fair antecedent, is in custody since 19.05.2020.

On the other hand, learned APP for the State opposes the bail application and submits that during the course of investigation witnesses have categorically stated that it is the petitioner who beaten his wife to death by means of Munga stick and also tried to conceal the dead body with the help of his son and other co-accused persons. It is further stated that on the basis of confessional statement of the petitioner the Munga stick was recovered and in the post-mortem injuries have been found over the body of the deceased.

Patna High Court CR. MISC. No.54929 of 2021(4) dt.31-08-2022 3/3 Having regard to the submissions made on behalf of the parties and considering the specific nature of accusation and the materials available on record, this Court is not persuaded to enlarge the petitioner on bail.

It is expected that the learned trial court will take all necessary measures to expedite the trial and conclude the same, as early as possible.

Accordingly, the present bail application stands dismissed.

(Harish Kumar, J) uday/- U T