Hardev Manjhi @ Hardew Majhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25869 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.
Hardev Manjhi @ Hardew Majhi S/o Devlal Manjhi Resident of village - Kerma, P.S.- Kudhni, District - Muzaffarpur (Bihar) 2.
Manti Devi W/o Hardev Manjhi Resident of village - Kerma, P.S.- Kudhni, District - Muzaffarpur (Bihar) 3.
Lalu Manjhi @ Lalu Majhi S/o Hardeo Manjhi Resident of village - Kerma, P.S.- Kudhni, District - Muzaffarpur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-09-2025 Heard Mr. Nachiketa Jha, learned counsel for the petitioners and the State.
2. The petitioners are apprehending arrest in connection with Kudhani P.S. Case No. 130 of 2024 instituted under Sections 304B, 201/34 of the Indian Penal Code lodged on 26.05.2024 by the informant, Fuldew Majhi.
3. As per the prosecution story, the informant alleged that the deceased was married to Dipak Kuamr but was tortured for dowry and on the fateful day, came to know about her killing as also cremation of the body. This led to the FIR.
4. Learned counsel for the petitioners submit that the three petitioners are father-in-law, mother-in-law and brother-in-
Patna High Court CR. MISC. No.25869 of 2025(5) dt.02-09-2025 2/3 law (Bhaisur) all living separately from the husband who is presently in custody. The fact remains that under depression, the lady committed suicide which has come in the investigation report. At best, there is allegation that the mortal remains were consigned to flames before the arrival of the parents for which they are ready to face the trial and shall be cooperating in the investigation.
5. Learned APP Mr. Bharat Bhushan opposes the prayer submitting that the allegation is that they forced the lady to take the extreme steps.
6. Considering the submissions of the parties as also the fact that the supervision note shows that the lady committed suicide, the contention is that they are living separately, the husband is presently in custody, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Kudhani P.S. Case No. 130 of 2024 to the satisfaction of learned A.C.J.M.-1st, Class (West), Muzaffarpur subject to the conditions as laid down
Patna High Court CR. MISC. No.25869 of 2025(5) dt.02-09-2025 3/3 under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T