Sudarshan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70835 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- SAKURABAD District- Jehanabad ====================================================== Sudarshan Manjhi, S/o Late Nanhak Manjhi, R/o Uttarpati, Post- Lari, P.S.- Shakurabad, Distt- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Shakurabad P.S. Case No. 107 of 2021, registered for the alleged offences under Sections 304(B), 201 and 34 of the Indian Penal Code.

As per prosecution case, the sister of the informant was married with co-accused Jitendra Manjhi six years prior to the date of occurrence and they have two children. Petitioner is the fatherin-law of the sister of the informant and allegation against the petitioner and other co-accused persons is that they had been demanding a motorcycle and later on killed the sister of the informant and tried to burn her dead body.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70835 of 2022(2) dt.29-03-2023 2/3 petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against this petitioner and no specific over act has been attributed to this petitioner in the alleged occurrence. Due to quarrel between husband and wife, the sister of the informant committed suicide and this fact has been stated by the witnesses examined during investigation by the police. The husband of the deceased is in custody. Petitioner is in custody since 10.06.2022 and the charge-sheet has been submitted in this case. Petitioner is having clean antecedent.

Learned APP opposes the prayer for bail submitting that petitioner is the father-in-law of the deceased and the death of the deceased took place within seven years of marriage and allegation against him is demand of dowry and causing dowry death. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is father-in-law of the deceased and there is no specific allegation against him and further considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jehanabad in connection with Shakurabad P.S. Case No. 107 of 2021, subject to

Patna High Court CR. MISC. No.70835 of 2022(2) dt.29-03-2023 3/3 the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T