Manjay Kumar @ Manjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42151 of 2018 Arising Out of PS. Case No.-169 Year-2017 Thana- PAHARPUR District- East Champaran ====================================================== Manjay Kumar @ Manjay Sah S/o Motilal Sah, R/o Vill.- Amawa Brit , P.S.- Paharpur, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar Pandey, Adv.

For the Opposite Party :

Mr. Nand Kishore Pd., APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Paharpur P.S. Case No.169 of 2017 registered for the offences punishable under Sections 304B/120(B)/34 of the Indian Penal Code.

Informant is the father of the deceased, who in his written complaint has stated that his daughter was married to petitioner on 05.03.2017 and she was subjected to assault for non-fulfillment of dowry. He received a message on 17.06.2017 that petitioner and his family members have killed her daughter and he reached at the place of occurrence where he found her dead.

It has been submitted on behalf of the petitioner that he is innocent and at the time of incident he and his father were

Patna High Court Cr.Misc. No.42151 of 2018(2) dt.18-07-2018 2/2 not in the house and were in Banglore with respect to their occupation and after the news they came to their house. It is further submitted that as per postmortem report, the cause of death has been given as Asphyxia due to hanging and no injury was found on the body of deceased. It has been contended that she has been committed suicide. Petitioner has clean antecedent and he is in custody since 15.12.0217.

Petitioner had earlier moved before this Court for grant of bail which was rejected on 10.04.2018 in Criminal Miscellaneous No.15069 of 2018 with liberty to renew his prayer for bail after 6 months in custody.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari in connection with Paharpur P.S. Case No.169 of 2017.

(S. Kumar, J) sudip/manoj U T