Ramotar Manjhi @ Ramawatar Manjhi @ Ramatar Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33168 of 2018 Arising Out of PS.Case No. -317 Year- 2017 Thana -SHERGHATI District- GAYA ======================================================

1. RAMOTAR MANJHI @ RAMAWATAR MANJHI @ RAMATAR MANJHI Son of late Ashwani Manjhi

2. Puniya Devi Wife of Ramotar Manjhi

3. Pabiti Devi@ Parwati Devi daughter of Ramotar manjhi

4. Mohan Manjhi Son of Ramotar Manjhi All resident of Village- Tetariya, P.S. Sherghati, District- Gaya(Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody since 12.02.2017 in connection with Sherghati P.S. Case No. 317/17 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Diary in the present case was called for which has since been received.

The allegation against these petitioners is that son-inlaw of petitioner Puniya Devi had come to his Susural and the entire family members attacked the deceased and he was killed. The further allegation against these petitioners is that, there has been a dispute between the wife of the deceased and the deceased

Patna High Court Cr.Misc. No.33168 of 2018 (3) dt.05-07-2018 2/2 had been repeatedly going to his Susral to press for Bidai of Pabiti Devi (wife of the deceased) but the same was being denied repeatedly.

Learned counsel appearing on behalf of the petitioners submits that the entire case is false and frivolous and has been filed to rope in the entire family whereas the deceased has himself consumed poison and thus died.

Learned counsel appearing on behalf of the State after perusal of the case diary has pointed out to the post-mortem report which clearly shows that deceased had been attacked and died out of severe head injury and the body also contained foul smelling fluid and the same has been sealed and sent for forensic examination.

Considering the entire facts and circumstances, I am not inclined to grant regular bail to these petitioners. It is accordingly rejected.

The petitioner may, however, approach this Court for renewal of his prayer after farming of charge. The process of commitment is expedited.

(Anjana Mishra, J) Saif/- U T