Bundi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31055 of 2020 Arising Out of PS. Case No.-417 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== 1.

BUNDI MANJHI, S/o Late Bira Manjhi, Resident of Village-Bandra, P.S.- Fatehpur, District-Gaya.

2.

Kailashi Devi, W/o Bundi Manjhi Resident of Village-Bandra, P.S.-Fatehpur, District-Gaya.

3.

Bhuneshwar Manjhi, S/o Bundi Manjhi Resident of Village-Bandra, P.S.- Fatehpur, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Nityanand Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-03-2021 Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

Sister of the informant was married with coaccused Pankaj Manjhi 12 years back. Pankaj was a labour at Madras and he had already married with some other lady. About 10 days back, Pankaj had come to the house and allegation is that Pankaj and other family members committed murder of the sister of the informant and threw the dead body

Patna High Court CR. MISC. No.31055 of 2020(3) dt.08-03-2021 2/3 in a jungle from where it was recovered.

Learned counsel for the petitioners submits that the petitioners are family members. Allegation is general and omnibus. There is no direct material against the petitioners and presumption of dowry death is not here.

Considering the fact that there is no direct material against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Barachatti (Mohanpur) P.S. Case No. 417 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without

Patna High Court CR. MISC. No.31055 of 2020(3) dt.08-03-2021 3/3 permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T