Laddu Manjhi @ Awadhesh Kumar Bharti @ Laddu Kumar Manjhi @ Abdhesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69566 of 2024 Arising Out of PS. Case No.-145 Year-2015 Thana- AMARPUR District- Banka ====================================================== 1.
Laddu Manjhi @ Awadhesh Kumar Bharti @ Laddu Kumar Manjhi @ Abdhesh Kumar Son of Bhagwat Manjhi Village- Kumarkhal, PoShobhanpur, Katoriya, Ps- Amarpur, Dist- Banka 2.
Subodh Kumar Mandal @ Subodh Mandal Son of Bhuwneshwar Mandal village- Kumarkhal, Po- shobhanpur, katoriya, Ps- Amarpur, Dist- Banka ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-12-2024 Heard Learned Counsel for the petitioners and Learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Sessions Trial No. 331 of 2024 arising out of Amarpur P.S. Case No. 145 of 2015, lodged on 20.05.2015, under Sections 302, 120(B), 448 and 34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against four named accused persons, including the present petitioners, alleging that all the accused persons in connivance with each other have killed the informant's mother by strangulation and subsequently set her ablaze.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.69566 of 2024(2) dt.04-12-2024 2/3 petitioners are innocent and have committed no offence. Counsel submits that initially the unnatural death case was lodged, but subsequently FIR has been lodged by virtue of complaint petition which was subsequently converted into under Section 156(3) of the Cr.P.C. Counsel further submits that the allegation of strangulation which has come in the post-mortem report is not against the petitioners. Counsel further submits that the police has submitted the final form in this case but subsequently Court has taken cognizance at earlier stage. Counsel further submits that the co-accused has already been granted bail by the Co-ordinate Bench of this Court vide order dated 25.04.2022 passed in Cr. Misc. No. 42141 of 2021.
Counsel further submits that the criminal antecedent of the petitioners is clean and they are in custody since 14.06.2024. Counsel also submits that husband has not been made accused in this case. Counsel also submits that the anticipatory bail application of the petitioners has been rejected twice. Firstly in Cr. Misc. No. 43002 of 2015 and secondly in Cr. Misc. No. 11522 of 2024, thereafter in compliance of order of the Court, the petitioners have surrendered before the Trial Court.
5. Learned APP for the State opposes the prayer for bail and submits that the specific allegation of setting the
Patna High Court CR. MISC. No.69566 of 2024(2) dt.04-12-2024 3/3 informant's mother ablaze is against the petitioners.
6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioners. Therefore, the bail application of the petitioners is hereby rejected at present.
7. The Trial Court is hereby directed to conclude the trial within nine months. If the trial shall not be concluded within the said period, the petitioners may renew their prayer for bail.
(Dr. Anshuman, J) Aman Kumar/- U T