Baban Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29084 of 2020 Arising Out of PS. Case No.-523 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

BABAN MANJHI Son of Late Devraj Manjhi Resident of VillageSolhanda, P.S.- Makhdumpur, District- Jehanabad. 2.

Samari Kumari D/o of Baban Manjhi (wrongly mentioned - Samari Deviand -Pati- in the F.I.R. and Impugned order). Resident of Village- Solhanda, P.S.- Makhdumpur, District- Jehanabad.

3.

Reshmi Devi Wife of Arvind Manjhi Resident of Village- Solhanda, P.S.- Makhdumpur, District- Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anant Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2020 Heard learned counsel for the petitioners and the State through Video Conferencing.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Petitioner No.1 is the father-in-law, Petitioner No.2 is the unmarried Nanad and Petitioner No.3 is the cousin gotani of the deceased.

As per the prosecution case, informant's daughter was married to co-accused Amarjeet Manjhi six years ago and

Patna High Court CR. MISC. No.29084 of 2020(2) dt.03-12-2020 2/3 thereafter it is alleged that all the them including these petitioners started demanding dowry and due to non-fulfillment of the same, she was killed by these persons. It is submitted on behalf of the petitioners that there is general and omnibus allegation against all these petitioners and they have got no concern with the affairs of the deceased since they are living separately. Moreover, from perusal of the F.I.R., it is apparent that the thrust of allegation is against the husband who is alleged to be in the illicit relationship with the Bhaujai as a result of which he committed murder of the deceased. Moreover, it is further submitted that the husband of the deceased is already in custody. It is stated in paragraph no.3 of the bail petition that petitioners have got clean antecedent. Learned counsel for the State, on the other hand, opposes the prayer for bail.

In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. In the event of arrest/surrender, let the petitioners mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jehanabad in Makhdumpur Police Station Case No. 523 of 2019, subject to

Patna High Court CR. MISC. No.29084 of 2020(2) dt.03-12-2020 3/3 the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ankit/- U T