Sonu Manjhi @ Sonu Kumar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75270 of 2024 Arising Out of PS. Case No.-55 Year-2021 Thana- SISWAN District- Siwan ====================================================== Sonu Manjhi @ Sonu Kumar Manjhi Son of Ratan Manjhi @ Ratan Lal Manjhi Resident of Village- Pachbhinda, P.S.- M.H. Nagar, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh, Adv.
For the Opposite Party/s :
Mr. Pranav Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code
3. As per prosecution case, the informant's sister solemnized love marriage with Monu Manjhi three years ago. After sometime, husband of the deceased had gone outside for earning his livelihood. In the meantime, petitioner and coaccused Gori Devi used to torture upon the informant's sister physically and mentally. On 18.02.2021, the petitioner along with other co-accused killed the informant's sister and cremated her dead body.
4. It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.75270 of 2024(2) dt.13-12-2024 2/3 petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. This is a case of suicide out of family frustration, which is apparent from the postmortem report, as no external injury was noticed, it can be safely gathered that the deceased was not subjected to physical assault/cruelty soon before the occurrence. It is further submitted that petitioner is unmarried brother-in-law of the deceased and he has no role in the alleged occurrence. There is no specific overt act against him. He had no concern with daily affairs of the deceased and her husband.
There is no chance to tamper with the prosecution witness. The mother-in-law of the deceased, namely, Mira Devi has been enlarged on bail by a co-ordinate bench of this Court vide order dated 19.11.2022 passed in 41180 of 2022. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para 3 of the bail application and he has been languishing in judicial custody since 27.08.2024.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case as well as the nature of the offence, I am not inclined to enlarge the
Patna High Court CR. MISC. No.75270 of 2024(2) dt.13-12-2024 3/3 petitioner on bail. Accordingly, his prayer for bail is rejected in connection with Siswan (M.H. Nagar) P.S. Case No. 55 of 2021.
7. However, the petitioner would be at liberty to renew his prayer for bail after framing of charge.
(Anjani Kumar Sharan, J) divyanshi/- U T