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Patna High CourtCR. MISC./10264/2020allowed

Lakhendra Manjhi v. The State Of Bihar

2021-04-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10264 of 2020 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA PS District- Gaya ====================================================== LAKHENDRA MANJHI S/o Badan Manjhi Resident of Village- Panchu Bigha, P.S.- Nagar, Distt- Gaya.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RINKU DEVI D/O GANGA MANJHI R/O VILLAGE-BAGAHIKALA, P.S-MUFFASIL, DISTRICT-GAYA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritika Rani For the Opposite Party/s :

Mr.Mohammed Arif Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State. The petitioner apprehends his arrest in a case in connection with Mahila P.S. Case No.14/19 registered for the offence punishable under Sections 498(A) and 34 of the Indian Penal Code.

The prosecution case in short is that the informant got married with the petitioner in the year 2009 and after six months petitioner started to torture her along with his other family members for the demand of dowry. The matter was compromised before the police even then they are not following the terms and conditions of the compromise.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.10264 of 2020(7) dt.06-04-2021 2/2 petitioner has been falsely implicated in this case. The FIR has been lodged after ten years of marriage with oblique motive just to harass the petitioner and his family as the petitioner has filed a divorce case some time back. Petitioner has no criminal antecedent and the similarly situated co-accused, namely, Chinta Devi, Shankar Manjhi, Nitish Manjhi, Rekha Manjhi and Sumanti Manjhi have already been granted anticipatory bail vide order dated 18.10.2019 passed in Cr. Misc. No.63062 of 2019 by a co-ordinate Bench of this Court.

Learned counsel for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Mahila P.S. Case No.14/19, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T