Madan Manjhee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78949 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Madan Manjhee, aged about 35 years, Male, Son of Late Sukkhu Manjhee, Resident of Village - Hosadih, P.S.- Masaurhi, Distt - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Naresh Ray For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-06-2020 Heard Mr. Ram Naresh Ray, the learned counsel for the petitioner and Mr. Arun Kumar Pandey, the learned Additional P.P. through video conferencing.

The petitioner seeks bail in Masaurhi P.S. Case No.141 of 2018, registered under Section 302 of the Indian Penal Code.

The informant, own brother of the petitioner, alleged that the petitioner came inside his house and while his sister was cooking, the petitioner assaulted her with the handle of a spade in the temporal region of his sister, Sonmatiya Devi. Sonmatiya Devi was referred to PMCH but she succumbed to the injury on the same day.

Learned counsel for the petitioner submits that the informant is own brother of the petitioner. On account of some

Patna High Court CR. MISC. No.78949 of 2019(3) dt.04-06-2020 2/2 dispute, the petitioner has falsely been implicated in the case. The deceased is the own sister of the petitioner and the informant. The sister of the petitioner fell down from the roof and got injuries but it appears that there is specific allegation against the petitioner that on account of some dispute, the petitioner all of a sudden entered into the courtyard where his sister was cooking and inflicted a blow with handle of a spade in the temporal region of his sister resulting in the death of his sister on the same day.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within one year from the date of receipt of this order.

(Prabhat Kumar Jha, J) S.KUMAR/- U T