Chaitu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53953 of 2023 Arising Out of PS. Case No.-178 Year-2022 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== 1.

CHAITU MANJHI Son of Deena Manjhi Resident of village - Bella, P.s. - Bishunganj, O.P. (Barabar Prayatak) Distt. - Jehanabad 2.

Deena Manjhi Son of Shyamdhari Manjhi Resident of village - Bella, P.s. - Bishunganj, O.P. (Barabar Prayatak) Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners have prayed for bail in a case registered for the offence punishable under sections 304B, 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioners along with family members has tortured in various ways to the sister of the informant due to non-fulfillment of dowry demand and ultimately she was being killed by them .

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is husband and petitioner no. 2 is father-in-law of the deceased and both were falsely implicated in this case on the basis of surmise and suspicion.

Patna High Court CR. MISC. No.53953 of 2023(3) dt.07-11-2023 2/3 They had never demanded any thing from the deceased or her family members. There is no prior complain with respect to harassment, ill treatment and assaulting against the petitioners. There is no eye witness of the alleged occurrence. It is further submitted in para 7 and 8 of the petition that on the day 14.10.2022 unfortunately due to mistake the deceased lady came in close connection of electric shot and after all the life of deceased lady can not be protected and she passed away due to electric injury. After her death the information has been properly given to her maika by phone but they (informant's families) have not come on time so the dead body of the deceased lady has been cremated in a proper order. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Petitioners are languishing in judicial custody since 12.12.2022 and 16.10.2022 respectively.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two

Patna High Court CR. MISC. No.53953 of 2023(3) dt.07-11-2023 3/3 sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Jehanabad in connection with (Bishunpur O.P.) Braber Prayatak P.S. Case No. 178 of 2022. (Sunil Kumar Panwar, J) lata/- U T