Shatrughan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58106 of 2023 Arising Out of PS. Case No.-104 Year-1998 Thana- TARAIYA District- Saran ====================================================== Shatrughan Manjhi Son Of Late Basant Manjhi Resident Of Village - Dumari Chapiya, P.S. - Taraiya, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 201 and 34 of the Indian Penal Code.

As per complaint petition, it is a case of causing death of his wife by the petitioner due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is the husband of the deceased and he has falsely been implicated in this case only on the basis of suspicion. There is no prior complaint with respect to dowry demand or torture and harassment. There is no cogent material in the entire records

Patna High Court CR. MISC. No.58106 of 2023(5) dt.24-01-2024 2/2 against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that as per letter no. 985 dated 04.11.2023 of the Superintendent of Police, Saran which is annexed with the case diary, postmortem of the deceased was not conducted and dead body was cremated.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Taraiya P.S. Case No. 104 of 1998 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XII, Saran. (Sunil Kumar Panwar, J) lata/- U T