The Patna High Court granted bail to the petitioner accused of dowry death (d.a.) and non-performance of last rites, who had been in custody since 2012. Despite pending prosecution witnesses, the court ordered release due to prolonged detention.
Petitioner released on bail bond of Rs. 10,000 with two sureties of similar amounts each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18596 of 2016
Arising out of PS.Case No. -92 Year- 2011 Thana -PUNPUN District- PATNA
====================================================== JAGESHWAR MANJHI @ JAGESHAR MANJHI, Son of Anup Manjhi, R/o Village- Shripalpur, P.S.- Punpun, Distt- Patna.
.... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate. For the Opposite Party : Mr. Dr.Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 22-06-2016 Heard learned senior counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 08.04.2012 in connection with Sessions Trial No. 305 of 2014/R-833/2014, arising out of Punpun P.S. Case No. 92 of 2011 for the offences instituted under Sections 304(B) and 201/34 of the IPC.
The accusation is of killing the daughter of the informant for non-fulfilment of dowry demand by the accused persons.
This is the fourth attempt for bail on behalf of the petitioner. The last application of the petitioner was rejected vide Cr. Misc. No. 24668 of 2015 dated 12.08.2015 with a direction to the learned trial court to conclude the trial preferably within a period of six months from the date of receipt/production of copy of the order.
A report was called for from the trial court regarding the
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stage of the case. From perusal of the said report, it is evident that still numbers of witnesses are yet to be examined on behalf of the prosecution.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.04.2012. He has already remained in custody for more than four years and there is no likelihood of trial being concluded in near future. The petitioner has got no criminal antecedent nor there is allegation of tempering with the evidence against the petitioner. The petitioner has been made accused due to mistake of fact in the present case.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and he is the husband of the deceased.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-VIth, Patna, in connection with Sessions Trial No. 305 of 2014/R-833 of 2014 arising out of Punpun P.S. Case No. 92 of 2011.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner, who has been in custody for over four years with no trial conclusion due to examination of prosecution witnesses, should be released on bail.
2 provisions across 2 enactments
Jageshwar Manjhi @ Jageshar Manjhi
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
