Allowed

Krishna Manjhi v. The State of Bihar

Patna HC11 Dec 2019CR. MISC./71511/2019

Case brief

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What is this about?

In a bail application under Sections 302 and 34 IPC, the Patna High Court granted release to the petitioner. The court noted the post-mortem report showed no assault injuries and attributed death to cardio respiratory failure despite the charge of assault causing death.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount each.

Krishna Manjhi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71511 of 2019

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Arising Out of PS. Case No.-172 Year-2018 Thana- MAKHDUMPUR District- Jehanabad

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======================================================

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KRISHNA MANJHI Son of Late Baleshwar Manjhi Resident of Village - Makarpur, P.S.- Makhdumpur, District- Jehanabad

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 11-12-2019 Heard both sides.

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The petitioner seeks bail in Makhdumpur P.S. Case No.172 of 2018 registered under Sections 302 and 34 of the Indian Penal Code.

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The informant is the widow of the deceased. The informant disclosed that her brother-in-law(Bhaisur) came and asked reason from her husband(Ranjan Manjhi) why he picked up quarrel with their mother. Her husband replied that he only talked with his mother on such, petitioner is said to have assaulted the husband of the informant with fist and slap. The informant went to her naiher along with her husband on 27.05.2018 and got her husband treated. On 31.05.2018, the husband of the informant died.

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The learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.71511 of 2019(3) dt.11-12-2019 2/2

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post-mortem report reveals that there is no external or internal injury on the body of the deceased and the deceased died of cardio respiratory failure and not on account of any assault alleged to have been made by the petitioner with fist and slap. Occurrence took place on 26.05.2018 and petitioner died on 31.05.2018. Petitioner is in jail since 29.06.2019.

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Considering the facts that the petitioner is alleged to have assaulted his own brother on 26.05.2018 with fist and slap and the brother of the petitioner died on 31.05.2018 and in the post-mortem report no external or internal injury was found rather the cause of death is cardio respiratory failure that too after four days of the occurrence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jehanabad in connection with Makhdumpur P.S. Case No.172 of 2018.

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(Prabhat Kumar Jha, J)

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Saurabh/-

Krishna Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Krishna Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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