Allowed

Jag Mohan Manjhi v. The State of Bihar

Patna HC11 May 2022CR. MISC./48087/2021

Case brief

AI extract

What is this about?

The High Court of Patna granted regular bail to the petitioner detained under Sections 302/201 IPC regarding a drowning death. The petitioner was released on bonds of Rs.20,000 with two sureties subject to conditions of cooperation and not tampering with witnesses.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs.20,000 with two sureties of like amount.

Jag Mohan Manjhi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48087 of 2021

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Arising Out of PS. Case No.-341 Year-2020 Thana- DARIYAPUR District- Saran

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

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Jag Mohan Manjhi, S/O Mudrika Manjhi, R/o village- Dariyapur, P.S.Dariyapur, District- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Anjani Parashar, advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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4 11-05-2022 Learned counsel for the petitioner is permitted to

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remove the defect(s), as pointed out by the office, within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The petitioner seeks regular bail, who is in custody in connection with Dariyapur P.S. Case No. 341 of 2020 (S.T. No. 363 of 2021) for the offences punishable under Sections 302/201 of the Indian Penal Code.

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As per prosecution case, it is alleged that on 02.10.2020 at about 5.00 P.M. this petitioner called the husband of the informant and took away with him. Later on, the informant came to know that this petitioner killed her husband by drowning him in a ditch. The informant on being found some

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Patna High Court CR. MISC. No.48087 of 2021(4) dt.11-05-2022 2/4

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foul play went towards the orchard of Lakhan Singh and found her husband drowned in the water and neighbourers apprised to her that this petitioner assaulted her husband and threw him in the water.

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It is submitted on behalf of the learned counsel for the petitioner that there is no eye witness to the alleged occurrence and only because of the fact that earlier there was a quarrel between the petitioner and husband of the informant, his name has been implicated in this case. It is further submitted that the occurrence is said to have taken place on 02.10.2020 at about 5.00 PM. and thereafter, on information, police reached at the place of occurrence and prepared inquest report on 02.10.2020 at 11.30 P.M., but surprisingly at that point of time the informant did not get her fardbeyan recorded, but later on submitted a written report on the next day i.e. on 03.10.2020. It is next submitted that the independent witnesses have categorically stated that the deceased might have been drowned in the ditch and further the petitioner is in custody since 19.03.2021 having no criminal antecedent. It is lastly submitted that the postmortem was also done and even in the post-mortem report no external injury has been found and the case of death has been shown to be Asphyxia due to drowning.

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Patna High Court CR. MISC. No.48087 of 2021(4) dt.11-05-2022 3/4

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On the other hand, learned Additional Public Prosecutor for the State opposes the bail application and submits that the witnesses, whose statements have been recorded in para 5, 6 and 7 of the case diary, have supported the prosecution case.

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Having considered the submissions made on behalf of the parties and taking into consideration this fact that the inquest report has been prepared on 02.10.2020 itself, but the informant did not get her fardbeyan recorded and instead she filed her written application on 03.10.2020, apart from the fact that there is no eye witness of the occurrence and the post-mortem report also suggest the cause of death due to drowning and the petitioner is in custody since 19.03.2021 having no criminal antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIII, Saran at Chapra in connection with Dariyapur P.S. Case No. 341 of 2020 (S.T. No. 363 of 2021), subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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trial.

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Patna High Court CR. MISC. No.48087 of 2021(4) dt.11-05-2022 4/4

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(ii) He will remain present on each and every date of

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trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or

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intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates

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without any cogent reason, his bail bonds will liable to be cancelled.

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(Harish Kumar, J)

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uday/-

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U T

Jag Mohan Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jag Mohan Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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