Patna High Court
NANHAKU MANJHI @ NANHAK MANJHIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Nanhaku Manjhi, was arrested in connection with the alleged murder of his wife, who died on 08-11-2024. The prosecution alleges that the petitioner strangulated his wife, while the petitioner claims innocence, stating that his wife committed suicide by hanging and that he was not present at the time. The petitioner, a labourer with no prior criminal record, sought bail, arguing that the marriage was harmonious and there were no matrimonial disputes. The State opposed the bail application. After considering the facts, the absence of antecedents, and the circumstances surrounding the death, the Court granted bail on the condition of a Rs.10,000 bond with two sureties. The order was pronounced by Justice Khatim Reza.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (equivalent to Section 306 IPC).
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 108
- Indian Penal Code — s. 306
Subjects
- bail
- murder
- culpable homicide
- Bharatiya Nyaya Sanhita
- Indian Penal Code
- criminal procedure
- mental trauma
- suicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4649 of 2026
Arising Out of PS. Case No.-48 Year-2024 Thana- Gehlaur District- Gaya
======================================================
Nanhaku Manjhi @ Nanhak Manjhi, Son of Aghnu Manjhi @ Kaduni Manjhi,
Resident of Village - Damodra, Police Station - Gehlaur, District - Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Adv.
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Gehlaur P.S. Case No. 48 of 2024 dated 09.11.2024
registered for the offence punishable under Section 103(1)
of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the
marriage of the informant's daughter was solemnized with
the petitioner, ten years ago and after marriage, she gave
birth to two children but they died. On 08.11.2024, the
informant got an information on his mobile phone that his
daughter has died. It is further alleged that he strongly
believed that his daughter was strangulated to death by his
Patna High Court CR. MISC. No.4649 of 2026(3) dt.25-02-2026
2/3
son-in-law (petitioner).
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that the petitioner is unfortunately
the husband of the deceased. The petitioner is a labourer
and the marriage of the petitioner was solemnized with the
deceased 10 years prior to the alleged occurrence. All the
family members were living happily and there was no
matrimonial dispute between the petitioner and the
deceased and from their happy conjugal life, two children
were born out of their wedlock but could not survive due to
which the deceased was living in depression and was in
mental trauma. It is further submitted that at the time of
occurrence, the petitioner was not present in the house.
After investigation, the charge-sheet was submitted under
Section 108 of the B.N.S. (Section 306 of the Indian Penal
Code) and the statement of the independent witness was
also recorded, who supported the case of the petitioner that
the wife of the petitioner was living in mental trauma after
the death of his two children. Further, it is submitted that
the deceased committed suicide by hanging herself and the
Patna High Court CR. MISC. No.4649 of 2026(3) dt.25-02-2026
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parents of the deceased was informed, who came and
participated in her funeral and subsequently, the present
case was lodged by the informant. The petitioner is in
custody since 10.11.2024, having no criminal antecedents
and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Judicial Magistrate-Ist Class, Gaya ji in connection with
Gehlaur P.S. Case No. 48 of 2024.
(Khatim Reza, J)
prabhat/-
U T
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