Munni Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70645 of 2018 Arising Out of PS. Case No.-286 Year-2017 Thana- BARAULI District- Gopalganj ======================================================
1. Munni Devi, Wife of Chandrama Manjhi
2. Ohila Kumari@ Ful Kumari, D/o Chandrama Manjhi. Both are Resident of Village- Batardeh, P.S. Barauli, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Roy For the Opposite Party/s :
Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-01-2019 Heard learned counsels for the petitioners and the State.
The petitioners being the mother and sister of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 147/304 (B)/201 of the IPC. The prosecution case got initiated with the filling of the Complaint Case bearing No.2393 of 2017 which got registered as police case after being transferred under Section 156 (3) of the Cr. P.C. It is alleged that the daughter of the informant, Rani got married on 15.06.2014 with Srikant Majhi (son of the petitioner no.1). Subsequently, further dowry demand of a motorcycle and golden chain was made and due to nonfulfillment of the same torture has been inflicted upon the daughter of the informant. Thereafter, about 4-5 months the
Patna High Court Cr.Misc. No.70645 of 2018(2) dt.08-01-2019 2/3 victim gave birth to a female child. It is further alleged that the accused persons killed the victim after administering poison to her.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire in-laws family. The petitioners claim to be separate from the husband of the victim and the husband of the victim is in custody. It is further submitted that similarly situated co-accused Ram Parekha Manjhi, has been granted anticipatory bail vide order dated 13.08.2018 in Cr. Misc. No. 46790 of 2018, by a coordinate Bench of this Court. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the accusation of torture is against the entire in-laws family members of the husband of the victim.
Considering the fact that the thrust of accusation is against the husband of the victim and similarly situated coaccused has been granted privilege of anticipatory bail by a coordinate Bench of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners
Patna High Court Cr.Misc. No.70645 of 2018(2) dt.08-01-2019 3/3 be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. XIVth, Gopalganj in connection with Barauli P.S. Case No.286 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/- U T