← Library
Patna High CourtCR. MISC./21584/2025bail granted

Gungi Manjhi @ Gungi Devi v. The State Of Bihar

2025-05-08Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21584 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- PALIGANJ District- Patna ====================================================== Gungi Manjhi @ Gungi Devi W/o Vimal Manjhi R/o Vill.- Haybaspur, Saidabad, P.S.- Paliganj, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Kumar Suman, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2025 Heard Mr. Saurav Kuamr Suman, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Paliganj P.S. Case No. 75 of 2024, F.I.R. dated 24.02.2024 for the offences punishable under Sections 302, 304B, 201 and 34 of the Indian Penal Code.

3. According to prosecution case, the informant alleged that the petitioner and other co-accused persons has assaulted and tortured the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that she is mother-in-law of the deceased. He further submits that although the petitioner is

Patna High Court CR. MISC. No.21584 of 2025(2) dt.08-05-2025 2/3 named in the F.I.R. but from perusal of the F.I.R. it appears that the informant is not the eye witness of the alleged occurrence and the petitioner was not present at the place of occurrence and the accused person, namely, Ram Parvesh Manjhi has been granted privilege of anticipatory bail vide order dated 28.08.2024 in Cr. Misc. No. 51301 of 2024 by a Co-ordinate Bench of this Court and apart from that son of the petitioner, namely, Chandan Manjhi, who happens to be the husband of the deceased is in judicial custody since 25.02.2024.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, the petitioner has clean antecedent and the petitioner has been made accused merely on the ground that she is mother-in-law of the decease and coaccused person has been granted bail by a Co-ordinate Bench of this Court, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with -Paliganj P.S. Case No. 75 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.21584 of 2025(2) dt.08-05-2025 3/3 Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T