Manju Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.23538 of 2015 (2) dt.11-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23538 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -DHARHARA District- MUNGER ====================================================== Manju Devi, wife of Mukesh Mandal, resident of village-Dangri, P.S.- Bariyarpur, District-Munger.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party : Mr. Arvind Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Dharahra P.S. Case No.35 of 2015 for the offence punishable under Sections 302, 201 and 120B read with Section 34 of the Indian Penal Code. The prosecution story, in brief, is that a day before recoding the fardbeyan of the informant, one Ajit Manal came at her house and asked her husband to accompany him. Although her husband was not willing to go, Ajit Mandal by putting pressure and having caught hold of his hand, took her husband with him. Rajesh Mandal was with Ajit Mandal. They went to Dashrathi to consume liquor. After about two hours Rajesh Mandal came back to the house of the informant and told her son that Ajit Mandal had badly drunken and was killing his father and when he tried to save,
Patna High Court Cr.Misc. No.23538 of 2015 (2) dt.11-06-2015 he was pushed by Ajit Mandal. When the son of the informant was going towards Dasrathi Hatia then he saw that Ajit Mandal was fleeing away towards the railway line. The informant along her son tried to search her husband and in that course she found the dead body of her husband beneath a bridge.
It has been submitted on behalf of the petitioner that the petitioner is named in the first information report. It has further been submitted that from perusal of the FIR, it would appear that merely a suspicion has been raised and there is no direct and indirect evidence against the petitioner. It has further been submitted that the petitioner has got no criminal antecedent and he is in custody since 08.03.2015.
On behalf of the State, it has been submitted that there is direct evidence against the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Munger in connection with Dharahra P.S. Case no. 35 of 2015.
B.T/- (Sudhir Singh, J) U T