Patna High Court
Bisheshawar Manjhi @ Visheshar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Bisheshawar Manjhi, mother‑in‑law of a woman who was allegedly killed in a dowry‑related dispute, sought regular bail in a case registered under sections 302 and 34 of the IPC. The prosecution alleged that the petitioner was involved in the murder, while the defence argued that she was falsely implicated, with no specific overt act attributed to her, and that the main accusation was against the deceased's husband. The State opposed bail, citing the seriousness of the offences, including charges under sections 498A, 306 and 34 IPC. The court examined the material on record, the length of the petitioner’s custody since 11‑April‑2025, and the lack of direct evidence against her. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, to the satisfaction of the Additional Chief Judicial Magistrate II, Sherghati, Gaya.
Issues considered
- Whether the petitioner is entitled to regular bail in a murder case under sections 302/34 IPC given the circumstances of the charge and the evidence.
- Whether the lack of specific overt acts against the petitioner justifies granting bail despite the seriousness of the offences.
Legislation cited
- Indian Penal Code — s. 302, 306, 34, 498A
Subjects
- regular bail
- murder
- dowry harassment
- IPC sections 302
- IPC section 34
- IPC section 498A
- IPC section 306
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4293 of 2026
Arising Out of PS. Case No.-105 Year-2024 Thana- MOHANPUR District- Gaya
======================================================
Bisheshawar Manjhi @ Visheshar Manjhi S/o Late Banshi Manjhi R/o vill -
Dema Tola - Laxmipur, P.S.- Mohanpur, Distt.- Gaya Jee
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under sections 302/34 of the IPC.
3. Informant’s daughter was married with one
Dharmendra Manjhi in 2007. After sometime, petitioner and
their family members started subjecting the victim to cruelty
and harassment for non-fulfilment of demand of dowry. On
29.5.2024 informant’s daughter was killed by this petitioner
and other family members.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. Petitioner is mother-in-law of the deceased. There is
general and omnibus allegation against this petitioner and no
specific overt act has been alleged against her. She is separate
Patna High Court CR. MISC. No.4293 of 2026(2) dt.16-02-2026
2/2
in mess and business. Thrust of allegation is against the
husband of the deceased who is in custody. Police after
investigation has submitted chargesheet for offence under
sections 498A/306/34 IPC. Petitioner is in custody since
11.4.2025.
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the facts of the case, material available
on the record and period of custody of the petitioner, let the
petitioner, as named above, be enlarged 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 Additional Chief
Judicial Magistrate II, Sherghati, Gaya in Mohanpur Police
Station Case No. 105/2024.
(Prabhat Kumar Singh, J)
shashi/-
U T
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