Lav Kush Manjhi @ Lov Kush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78185 of 2024 Arising Out of PS. Case No.-482 Year-2022 Thana- MANER District- Patna ====================================================== Lav Kush Manjhi @ Lov Kush Kumar Son of Late Dukhan Manjhi Resident of Village- Tilahari, P.S.- Maner, District- Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Choudhary, Advocate For the Opposite Party/s :
Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. Earlier the regular bail of the petitioner was rejected vide order dated 23.01.2024 passed in Cr. Misc. No. 33353 of 2023 (Annexure- P-1). The present is the second application for regular bail filed on behalf of the petitioner.
3. The petitioner seeks bail in connection with Maner P.S. Case No. 482 of 2022, instituted for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
4. Learned counsel for the petitioner submits that the petitioner is in custody since 16.11.2022. The petitioner is husband of the deceased. There is no prior complain in respect of dowry demand, harassment and assault. The petitioner was
Patna High Court CR. MISC. No.78185 of 2024(6) dt.15-04-2025 2/3 not present at the place of occurrence. The petitioner was living outside to earn his livelihood. It is further submitted that there is no likelihood of conclusion of trial in near future.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. As per trial report dated 03.04.2025 sent by the learned Court below, it appears that there are total seven chargesheeted witnesses but none of them have been examined. It is further reported that the trial is likely to be concluded within six months.
7. Considering the present stage of trial and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. Case No. 482 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.78185 of 2024(6) dt.15-04-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T