Lakhan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68869 of 2021 Arising Out of PS. Case No.-255 Year-2015 Thana- FATEHPUR District- Gaya ====================================================== 1.

LAKHAN MANJHI Son of Pati Manjhi Resident of Village - Ginjoi Khurd, P.S. - Fatehpur, District - Gaya.

2.

VIJAY MANJHI Son of Pati Manjhi Resident of Village - Ginjoi Khurd, P.S. - Fatehpur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-05-2022 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. for the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioners seek regular bail in connection with Fatehpur P.S. Case No. 255 of 2015 for the offence punishable under Sections 304B and 201/34 of the Indian Penal Code. The allegation is of commission of murder of the daughter of the informant for non-fulfillment of demand of dowry by the accused persons including the petitioners. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely

Patna High Court CR. MISC. No.68869 of 2021(2) dt.16-05-2022 2/3 been implicated in this case. He further submits that the petitioners have made specific statement in Para-7 of the bail application that they are bhaisur of the deceased and they have separated much before the marriage of the deceased with their brother and they are living separately from the husband of deceased. Husband of the deceased is in custody. Petitioners have clean antecedent and they are in custody since 09.08.2021. Similarly situated co-accused Rama Manjhi who happens to be dewar of the deceased has already been granted anticipatory bail vide order dated 21.03.2022 passed in Cr. Misc. No. 69393 of 2021 by a co-ordinate Bench of this Court.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioners.

Considering the aforementioned facts and circumstances of the case, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-X, Gaya in connection with Fatehpur P.S. Case No. 255 of 2015, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.68869 of 2021(2) dt.16-05-2022 3/3 concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(4) If the petitioners are found involved in similar nature of offence, after their release on bail, the trial Court shall take steps to cancel their bail bonds.

(Purnendu Singh, J) mantreshwar/- U T