Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36064 of 2020 Arising Out of PS. Case No.-413 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

MANJU DEVI, W/O SHRI BIPIN SINGH R/O VILLAGE - GHARBHARA, P.S. - BOCHAHAN, DISTRICT- MUZAFFARPUR. 2.

DOLLY DEVI, W/O SHRI GUDDU SINGH R/O VILLAGE - GHARBHARA, P.S. - BOCHAHAN, DISTRICT- MUZAFFARPUR. 3.

GUDDU SINGH, S/O SHRI BIPIN SINGH R/O VILLAGE - GHARBHARA, P.S. - BOCHAHAN, DISTRICT- MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2021 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Md. Ataur Rahma, learned APP for the State.

The petitioners, who are the mother-in-law, sister-in-law and brother-in-law, seek bail in anticipation of their arrest in connection with Bochahan P. S. Case No. 413 of 2019, dated 10.12.2019, instituted for the offences under Sections 304 (B) and 34 of the Indian Penal Code.

It has been submitted on behalf of the

Patna High Court CR. MISC. No.36064 of 2020(3) dt.24-05-2021 2/3 petitioners that a false case has been lodged by the informant against the petitioners because they happen to be related to the husband of the deceased.

The husband was initially not made an accused in this case but, later, he too has been implicated in this case.

The learned counsel for the petitioners has submitted that because of the alcoholic addiction of the husband of the deceased, the deceased was not happy and she committed suicide.

The husband of the deceased is still at large. Considering all the afore-stated facts and the gender of the petitioner nos. 1 and 2, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.36064 of 2020(3) dt.24-05-2021 3/3 Sub-Judge XV -cum- Additional Chief Judicial Magistrate XIV, Muzaffarpur, in connection with Bochahan P. S. Case No. 413 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The prayer for anticipatory bail of petitioner no. 3 is, hereby, rejected.

However, if the petitioner no. 3 surrenders before the court below and seeks bail, that shall be considered on its own merits, without being prejudiced by the fact that the present petition on his behalf has not been entertained by this Court.

The application stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T