Sakaldeo Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.54920 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Sakaldeo Manjhi S/O Late Tilakdhari Manjhi R/O Village- Luhasi Kala, P.S.- Siwan Mufassil, District- Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by the Stamp Reporter within two weeks.
Heard learned counsel for the petitioner and Mr. Binod Kumar, learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Siwan Mufassil (Dhanauti O.P.) P.S. Case No. 91 of 2022 registered for the offences punishable under Sections 304B, 120B, 201/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. He is in custody since 18.02.2022. He has no criminal antecedent.
Learned counsel for the petitioner submits that as per the prosecution story, on 16.02.2022, a written application was filed by one Somaro Devi to the S.H.O., of Dhanauti O.P. alleg-
Patna High Court CR. MISC. No.54920 of 2022(2) dt.16-12-2022 2/3 ing therein that her daughter Puja Kumari got married with Akhilesh Manjhi in November, 2020 and thereafter the said Akhilesh Manjhi and his family members started demanding a motorcycle and torturing Puja Kumari for non-fulfillment of the said demand. Thereafter, she got the information that her daughter was killed and she lodged the present case. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that there is no specific allegation against this petitioner. It is submitted that the petitioner is in custody since 18.02.2022.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Having regard to the facts and circumstances of the case wherein the petitioner is said to be father-in-law of the deceased, there is no specific allegation against him, the petitioner is in custody since 18.02.2022, investigation against him is complete and his presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Si-
Patna High Court CR. MISC. No.54920 of 2022(2) dt.16-12-2022 3/3 wan Mufassil (Dhanauti O.P.) P.S. Case No. 91 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.
Certified copy of this order shall be made available only after removal of the defects.
(Rajeev Ranjan Prasad, J) lekhi/- U T