Uma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34417 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- HAZIPUR INDUSTRIAL District- Vaishali ====================================================== 1.

UMA DEVI W/o Surendra Manjhi Resident of Village - Madanpur, P.S.- Ekangarsarai, Dist.- Nalanda.

2.

Surendra Manjhi Son of Balgovind Manjhi Resident of Village - Madanpur, P.S.- Ekangarsarai, Dist.- Nalanda.

3.

Bhushan Manjhi Son of Surendra Manjhi Resident of Village - Madanpur, P.S.- Ekangarsarai, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 6.1.2019 in a case registered for the offences punishable under Sections 302 and 201/34 of the I.P.C.

The prosecution case as per the written report of Ram Jatan Manjhi submitted to the SHO, is to the effect that the daughter of the informant namely Sharun Devi was married with co-accused Yogendra Manjhi about 15 years prior to the registration of the case and she was working at the brick Kiln of one Arbind Rai. On 31-12-2018, the informant's cousin received an information from his son-in-law that the

Patna High Court CR. MISC. No.34417 of 2019(2) dt.27-05-2019 2/3 daughter of the informant has died. Thereafter, the informant rushed to the brick kiln and found that his daughter, son-in-law and their children are missing. Hence, it was suspected that the in-laws family members including the husband of his daughter have killed her.

It is submitted by learned counsel for the petitioners that the petitioners live separate from the husband of the victim and only on the basis of suspicion, the accusation has been levelled against the petitioner. It is further submitted that for the occurrence of 31-12-2018, the F.I.R. has been registered on 05-01-2019 and the investigation has already been concluded.

Learned APP submits that the petitioners are named in the F.I.R. with specific accusation.

Considering the fact that the informant is not the eye-witness of the occurrence, the investigation has already been concluded, coupled with the fact that thrust of accusation is against the husband of the victim and the period in custody, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.34417 of 2019(2) dt.27-05-2019 3/3 the satisfaction of the learned Sub Divisional Judicial Magistrate, Hajipur, Vaishali in connection with Hajipur Industrial Area P.S. Case No. 02 of 2019.

(Dinesh Kumar Singh, J) anil/- U T