Rajesh Manjhi @ Rajesh Majhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9406 of 2016 Arising Out of PS.Case No. -53 Year- 2015 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rajesh Manjhi @ Rajesh Majhi, son of Late Kishun Manjhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-03-2016 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner being the husband of the victim is languishing in custody since 12.08.2015 in a case registered for the offences punishable under sections 498A and 302 of the Indian Penal Code in connection with Valmiki Nagar P.S. Case No.53/2015, pending before the learned Judicial Magistrate, 1st Class, Bagaha, West Champaran.

Prosecution case is that the daughter of the informant was married with the petitioner five years prior to lodging of the case. On 09.08.2015 at about 8/9 P.M. the informant received information that his daughter Urmila Devi is unwell when he was preparing to visit his daughter's in-laws house in the meantime he received information that his daughter

Patna High Court Cr.Misc. No.9406 of 2016 (3) dt.16-03-2016 2/2 committed suicide. It is also alleged that the petitioner used to assault the victim.

It is submitted by learned counsel for the petitioner that as per own admission of the informant the victim committed suicide and the petitioner was not present in the house when she committed suicide as has been stated by the witness during investigation and only on suspicion the accusation has been levelled.

It is submitted by learned APP for the state that the post-mortem of the victim reflects "manual strangulation causing Asphyxia" and on conclusion of investigation the charge-sheet has been submitted under sections 498A/304B of the Indian Penal Code.

Considering the aforesaid facts, this court is not inclined to grant bail to the petitioner at present. Accordingly, the application for bail on behalf of the petitioner is rejected. However, it is expected from the trial Court to expedite the trial.

(Dinesh Kumar Singh, J) Ashwini/- U T