Chandan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4973 of 2021 Arising Out of PS. Case No.-99 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== CHANDAN MANJHI SON OF RAJENDRA MANJHI RESIDENT OF VILLAGE-MILKI BIRAICHA,P.S-BARAULI,DISTRICT-GOPALGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Damodar Pd. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Barauli P.S. Case No. 99 of 2019 corresponding to Sessions Trial No. 414 of 2019, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons including this petitioner committed murder of grand-daughter of the informant due to non-fulfillment of demand of dowry.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.4973 of 2021(3) dt.21-06-2021 2/2 petitioner happens to be the husband of deceased. There is no allegation of any specific overt act against this petitioner rather allegation is general and omnibus. Petitioner is in custody since 22.01.2020 having no criminal antecedent, as stated in para 3 of the petition.

Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner happens to be the husband of deceased and the deceased died at her matrimonial home within one year of her marriage in other than normal circumstance. As per postmortem report, the death of deceased was caused due to shock (Asphyxia), as a result of strangulation. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T