Vijay Kumar Manjhi @ Vijay Kumar Bhai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74695 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- RAUTA District- Purnia ====================================================== Vijay Kumar Manjhi @ Vijay Kumar Bhai Son of Ram Prasad Manjhi Resident of Village- Koha, Haldikhora, Police Station- Kochadhaman, District- Kishanganj.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2019 This is an application for grant of anticipatory bail in connection with Rauta P.S. Case No. 46 of 2018, disclosing offences under Sections 304(B), 201, 120(B), 302 of the Indian Penal Code.
Allegation as per F.I.R. is that the daughter of the informant was married with co-accused Naved Alam, but she was always tortured mentally and physically for demand of dowry, for which Panchayati was also held earlier and further allegation is that on 06.05.2018 the husband of the daughter of the informant had informed the informant that his daughter is traceless and in course of search, he found the dead-body of the deceased hidden beneath the sand at river Kakai. It further appears that there was also affair between son-in-law of the
Patna High Court CR. MISC. No.74695 of 2018(4) dt.11-04-2019 2/2 informant and one Javi Perveen. Petitioner is not named in the F.I.R., later on his name transpired on the basis of confessional statement of Naved Alam, who is husband of the deceased. Submission of learned counsel for the petitioner is that except confessional statement, there is absolutely nothing against the petitioner and he is only the friend of Naved Alam. Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner stating that in the statement Naved Alam has disclosed that he along with petitioner and others have killed the deceased.
Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court, if possible, to be disposed of on the same day.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T