Shrawan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60213 of 2021 Arising Out of PS. Case No.-207 Year-2020 Thana- PUNPUN District- Patna ====================================================== SHRAWAN MANJHI S/o Late Rajendra Manjhi R/o Village - Sammanchak, P.S. - Punpun, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 326 of the Indian Penal Code.

As per the prosecution case, on 14.09.2020 wife of informant got into argument with this petitioner and due to that petitioner poured boiled water on her and also assaulted her with Lathi and Danda. It is further alleged that on 15.09.2020 wife of the informant told him about the misdeeds of this petitioner and when the informant protested, this petitioner assaulted him. On 16.09.2020 when wife of the informant went to house of this petitioner he assaulted her as a result of which she died while being taken to hospital.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.60213 of 2021(3) dt.17-05-2022 2/2 that petitioner is innocent and has falsely been implicated in the case. As a matter of fact informant and his wife was having matrimonial discord and informant used to do domestic cruelty on her and he used to physically and mentally assault her and since the petitioner has raised voice against the misdeeds of informant he has been implicated in this case at the instance of informant. There is no eye witness of the occurrence. Petitioner is in custody since 17.09.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that there is direct and specific allegation against this petitioner that he assaulted the wife of informant as a result of which she died while being taken to hospital.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T