Jagdish Manjhi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28665 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -JOKIHAT District- ARRARIA ====================================================== Jagdish Manjhi son of Babu Lal Manjhi resident of village-Lalwabari, P.S. - Jokihat, Dist- Araria .... .... Petitioner

Versus

1. The State of Bihar

2. Salita Devi, wife of Narayandeo Ram resident of village Laluwabari , P.S. Jokihat, Dist, Araria .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ramesh Kumar Singh, Advocate.

For the Opposite Parties : Mr. Jitendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner apprehends his arrest in Jokihat P.S. Case No. 108 of 2016 registered for the offences punishable under Section 379 and some other Sections of the Indian Penal Code. The informant filed the Complaint Case No. 3248C of 2015 on the basis of which present FIR was lodged. The informant alleged that the petitioner kidnapped the informant and also misbehaved with her.

Learned counsel for the petitioner submits that prior to filing of this case the mother-in-law of the informant filed the case against the petitioner which was withdrawn. The informant solemnized marriage with the petitioner and they have filed joint affidavit to this

Patna High Court Cr.Misc. No.28665 of 2016 (3) dt.27-10-2016 2/2 effect. It is further submitted that the informant filed the Complaint Case No. 1224C of 2015 against her former husband Narayan Deo Ram making same and similar allegation. In the aforesaid complaint case the informant has stated that she is the wife of Jagdish Manjhi, the petitioner. It appears that Narayan Deo Ram again surfaced and the complainant went along with him and lodged this case against the petitioner.

Considering the facts aforesaid and the fact that the petitioner informant herself filed the case against her former husband showing her to be wife of Jagdish Manjhi, the petitioner and thereafter the present case is filed against the petitioner showing herself to be the wife of Narayan Deo Ram, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Sub-Divisional Judicial Magistrate, Araria in Jokihat P.S. Case No. 108 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J.) KKSINHA/- U T