Pramod Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57448 of 2019 Arising Out of PS. Case No.-292 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== PRAMOD MANJHI Sonof Bale Manjhi Resident of Village - Chandebara, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, in brief, is that the daughter of the informant was murdered and thrown in Ahar by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-11-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no eye witness to the alleged occurrence. General and omnibus allegation has been

Patna High Court CR. MISC. No.57448 of 2019(3) dt.18-12-2019 2/2 made against the petitioner.

On behalf of the State, it is submitted that the petitioner is husband of the deceased. As per the postmortem report, the deceased was done to death by using sharp cutting weapon on her neck. The petitioner is husband of the deceased. The onus is upon him to explain the cause of death of his wife under Section 106 of the Evidence Act.

On behalf of the State and the informant, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 96/2019/170/2019 arising out of Rajauli P.S. Case No. 292 of 2018 is rejected.

Learned trial court is directed to expedite the trial of the petitioner.

(Sudhir Singh, J) A.K.V.//- U T