Manju Kumari @ Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44170 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SAHODARA District- West Champaran ====================================================== 1.
Manju Kumari @ Manju Devi Wife Of Kanhai Mahto Resident Of VillageRajpur, Ward No - 4, P.S.- Sahodara, District- West Champaran 2.
Lalababu Mahato @ Lalbabu Mahto Son Of Mahendra Mahato @ Mahendra Mahto Resident Of Village- Rajpur, Ward No - 4, P.S.- Sahodara, DistrictWest Champaran 3.
Ajay Kumar @ Ajay Mahto Son Of Mahendra Mahato @ Mahendra Mahto Resident Of Village- Rajpur, Ward No - 4, P.S.- Sahodara, District- West Champaran 4.
Kalavati Devi @ Kalawati Devi Wife Of Mahendra Mahato @ Mahendra Mahto Resident Of Village- Rajpur, Ward No - 4, P.S.- Sahodara, DistrictWest Champaran 5.
Mahendra Mahato @ Mahendra Mahto Son Of Late Rajdev Mahato @ Late Dev Mahto Resident Of Village- Rajpur, Ward No - 4, P.S.- Sahodara, District- West Champaran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Chandra For the Opposite Party/s :
Mr.Rabindra Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 366, 380, 120B, 504, 506 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner
Patna High Court CR. MISC. No.44170 of 2024(2) dt.12-07-2024 2/3 nos.1 and 4 are women and the informant alleges that on 05.10.2023, his wife fled with Kanhai Mahto. Accordingly, the informant went to the house of Kanhai and informed his family members about the occurrence, when it is alleged that the petitioners assaulted and abused him and also assured that his wife would come back. It is further alleged that thereafter, Kanhai Mahto returned without his wife on which the informant again went to the house of Kanhai for inquiring about his wife and said that despite assurance his wife has not returned when he was again abused and assaulted by the accused persons.
4. The learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the date of occurrence is 05.10.2023 and the F.I.R. came to be instituted on 03.01.2024 and the thrust of the allegation is against Kanhai and since petitioners are related to Kanhai, as such, they have been implicated with general and omnibus allegation.
5. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.44170 of 2024(2) dt.12-07-2024 3/3 within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Sahodara P. S. Case No.01 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T