Manjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32893 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manjay Singh Son of Subh Narayan Singh, Resident of Village - Masaha, P.S. - Sikarganj, District -East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Ashok Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case registered for the offences punishable under sections 304(B), 201/34 of the Indian penal Code.

Khushbu Kumari the niece of the informant was married on 17.04.2008 with the petitioner and due to nonfulfillment of demand of dowry by way of four wheeler she was burnt to death by the petitioner and other in-laws. Submission is of false implication and that the petitioner was not present at the time of alleged occurrence and he had gone to attend sharadh ceremony of mother-in-law of the

Patna High Court Cr.Misc. No.32893 of 2015 (4) dt.10-11-2015 2/3 sister. The demand of dowry is totally false. The petitioner was leading happy conjugal life with his wife and after her death her father was informed who sent the informant and the informant lodged the false case. No complain was made earlier regarding demand of dowry and as such the petitioner suffering in custody since 13.06.2014 deserves sympathetic consideration. The witness in paragraph 47 of the case diary has stated that the wife of the petitioner committed suicide herself and the petitioner was not present at that time.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the husband. In the facts and circumstances stated above and considering that charge sheet has already been submitted and the said witness has stated otherwise as such the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Uma Shankar, J.M. Shikrahna at Motihari in connection with Chhiraiya (Sikarganj) P.S. Case No. 65 of 2014, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each

Patna High Court Cr.Misc. No.32893 of 2015 (4) dt.10-11-2015 3/3 and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) M.Rahman/- U T