Manoj Manjhi @ Manuj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57892 of 2022 Arising Out of PS. Case No.-192 Year-2015 Thana- MASAUDHI District- Patna ====================================================== MANOJ MANJHI @ MANUJ MANJHI Son of Baleshwar Manjhi Resident of Village - Kharat, P.S.- Masaurhi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

As per prosecution case, informant alleged that her daughter was married to co-accused Harendra Manjhi who used to torture and made cruelty with her. Further, informant came to know that her daughter was murdered, thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is brother-in-law (Devar) of the deceased due to which he has falsely been implicated in this present case. The petitioner has no concern mess and business of the deceased as

Patna High Court CR. MISC. No.57892 of 2022(3) dt.16-02-2023 2/2 well as her husband and living separately from them. It is further submitted that the specific allegation of torture is against husband of the deceased namely, Harendra Manjhi who is already in judicial custody. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused Baleshwar Manjhi has already been granted bail by a coordinate Bench of this Court vide order dated 15-3.2016 in Cr. Misc. No. 11553 of 2016. The petitioner is languishing in judicial custody since 23.12.2020. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Masaurhi P.S. Case No. 192 of 2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of ADJ-I, Masaurhi/ concerned Court.

(Sunil Kumar Panwar, J) amandeep/- U T