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Patna High CourtCR. MISC./40326/2020bail granted

Jawahir Manjhi v. The State Of Bihar

2021-03-02Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40326 of 2020 Arising Out of PS. Case No.-326 Year-2020 Thana- MADHAURAH District- Saran ====================================================== JAWAHIR MANJHI SON OF LATE BHOLA MANJHI RESIDENT OF VILLAGE - KARANPURA, POLICE STATION - MARHAURA, DISTRICT - SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kaushlendra For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Marhaura Police Station Case No. 326 of 2020, registered for the offence punishable under Sections 304-B/201/120-B of the Indian Penal Code.

The allegation, as per the First Information Report, is that the daughter of the informant was married to one Ramesh Manjhi about one year back and on 21.04.2020, when the informant went to see her daughter and reached her matrimonial village, she was informed that accused persons have killed her daughter on 19.04.2020 and have also disposed of her dead

Patna High Court CR. MISC. No.40326 of 2020(2) dt.02-03-2021 2/3 body secretly. It has been alleged that the accused persons, soon after the marriage, started demanding one motorcycle by way of dowry and due to non-fulfillment of the said demand, the accused persons have killed the daughter of the informant. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and there is no allegation of demand of dowry against the petitioner, who happens to be the neighbour of the family of the accused persons, which would be evident from the charge sheet submitted by the police. He further submits that in course of investigation, the only material that has come against the petitioner is that he participated in the funeral of the daughter of the informant. He next submits that the petitioner is in custody since 22.04.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record, the nature of allegation and the fact that the petitioner, who is not closely related to the family of the husband of the deceased, is in custody since 22.04.2020 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.40326 of 2020(2) dt.02-03-2021 3/3 This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, at Chapra, in connection with Marhaura Police Station Case No. 326 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √