Vinod Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 46323 of 2022 Arising Out of PS. Case No.-147 Year-2022 Thana- BARHARIA District- Siwan ====================================================== Vinod Manjhi Son Of Ramayan Manjhi R/O Village- Lakari Khurd (POKHARA Par), P.S.- Barahariya, Dist.- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

The petitioner is in custody in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Allegedly, it is a case of dowry death due to nonfulfilment of dowry demand. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the petitioner is the husband of the deceased and the deceased died due to mental illness by hanging and this fact can be corroborated by the postmortem report where the cause of death has been specified as asphyxia due to hanging and furthermore on earlier occasion also the deceased had tried to

Patna High Court CR. MISC. No. 46323 of 2022(3) dt.11-01-2023 2/2 end her life and the petitioner had raised this matter with the informant and the fact the marriage was solemnized by hiding the mental illness was to be brought to the panchyati, however due to threatening of the informant, the petitioner could not do so. Petitioner is in judicial custody since 03.04.2022. Learned APP appearing for the State has opposed the prayer for regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 learned Additional District Judge-VI-cum-Special Judge POCSO, Siwan in connection with Barahariya P.S. Case No. 147 of 2022.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T