Satendra Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6066 of 2017 Arising Out of PS.Case No. -38 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. Satendra Manjhi S/o Late Bano Manjhi @ Baban Manjhi

2. Sangita Devi @ Gudiya Devi, W/o Satendra Manjhi, Both Resident of Village- Tetariya Khurd, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Barachatti P.S. Case No. 38 of 2015, registered under Section 302/34 of the Indian Penal Code.

The accusation is that, on 21.01.2015, in the evening, Sarita Devi, daughter of the informant, had gone to attend the call of nature in the field. At that time, Kalawati Devi caught hold her hair and took at the house of Fagu Manjhi and started to cause assault through fist and slaps. In the meantime, both petitioners also reached there and started to cause assault to the daughter of the informant but anyhow her daughter succeeded to flee away

and entered in the house of Suraj Choudhary, from where, she was taken by Kalawati Devi. Thereafter, petitioner no. 1 pressed her chest through leg. On 22.01.2015, informant reached at the matrimonial house of her daughter and taking away her daughter to Ranchi for her treatment, who died in the way. Learned counsel for the petitioner submits that while occurrence took place on 21.01.2015 but the F.I.R. has been lodged on 24.01.2015 without any proper explanation. Further submission is that petitioner no. 2 has falsely been implicated in this case being the wife of petitioner no. 1. Further submission is that petitioners have no criminal antecedent and are in custody since 19.10.2016.

On the other hand, learned counsel for the State submits that the cause of death of deceased, daughter of informant, was due to chest injury and the witnesses have also stated about causing injury at the chest of daughter of informant by petitioner no. 1.

Having regard to the facts and the circumstances of the case, petitioner no. 2 above named being lady, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati,

Gaya, in connection with Barachatti P.S. Case No. 38 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

As far as petitioner no. 1 is concerned, considering the nature of allegation as made against him, his prayer for grant of bail is hereby rejected.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T