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HIGH COURT OF PATNA
Mr. Justice Sunil Kumar Panwar
VINOD MANJHI – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./46323/2022
The court has the discretion to grant bail in cases of dowry death, considering the facts and circumstances of each case.
Headnote:
BAIL - DOWRY DEATH - SECTION 304B/34 IPC - BAIL GRANTED - COURT CONSIDERED THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE POSTMORTEM REPORT AND THE PETITIONER'S CLAIM OF FALSE IMPLICATION.
Fact of the Case:
The petitioner was arrested for the offence punishable under Sections 304B/34 of the Indian Penal Code, for allegedly causing the dowry death of his wife. The petitioner claimed that his wife died due to mental illness by hanging and that he had falsely been implicated in the case.
Finding of the Court:
The court considered the facts and circumstances of the case, including the postmortem report and the petitioner's claim of false implication. The court noted that the petitioner had been in judicial custody since 03.04.2022.
Issues: Whether the petitioner was falsely implicated in the case of dowry death.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the facts and circumstances of the case, including the postmortem report and the petitioner's claim of false implication.
Final Decision: The court directed the petitioner to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 46323 of 2022
Arising Out of PS. Case No.-147 Year-2022 Thana- BARHARIA District- Siwan
======================================================
Vinod Manjhi Son Of Ramayan Manjhi R/O Village- Lakari Khurd
(POKHARA Par), P.S.- Barahariya, Dist.- Siwan
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Setu Prateek, Advocate
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner, learned APP
for the State and perused the case diary.
The petitioner is in custody in a case registered for the
offence punishable under Sections 304B/34 of the Indian Penal
Code.
Allegedly, it is a case of dowry death due to non-
fulfilment of dowry demand.
Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He further
submits that the petitioner is the husband of the deceased and
the deceased died due to mental illness by hanging and this fact
can be corroborated by the postmortem report where the cause
of death has been specified as asphyxia due to hanging and
furthermore on earlier occasion also the deceased had tried to
Patna High Court CR. MISC. No. 46323 of 2022(3) dt.11-01-2023
2/2
end her life and the petitioner had raised this matter with the
informant and the fact the marriage was solemnized by hiding
the mental illness was to be brought to the panchyati, however
due to threatening of the informant, the petitioner could not do
so. Petitioner is in judicial custody since 03.04.2022.
Learned APP appearing for the State has opposed the
prayer for regular bail.
Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to 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 learned Additional District
Judge-VI-cum-Special Judge POCSO, Siwan in connection with
Barahariya P.S. Case No. 147 of 2022.
Brajesh Kumar/-
(Sunil Kumar Panwar, J)
U
T
