Santlal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44913 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- RISIYAP District- Aurangabad ====================================================== 1.

SANTLAL MANJHI S/O LATE RAMVRICHH MANJHI R/O VILLAGEPOKHRAHA KHURD, P.S- MEDNINAGAR TOWN, DISTT.- PALAMU (JHARKHAND).

2.

NEELAM DEVI W/O SANTLAL MANJHI R/O VILLAGE- POKHRAHA KHURD, P.S- MEDNINAGAR TOWN, DISTT.- PALAMU (JHARKHAND).

3.

DEEPAK KUMAR @ DEEPAK KUMAR PASWAN S/O SANTLAL MANJHI R/O VILLAGE- POKHRAHA KHURD, P.S- MEDNINAGAR TOWN, DISTT.- PALAMU (JHARKHAND).

4.

RABINDRA KUMAR @ RAVINDRA KUMAR PASWAN S/O SITARAM PASWAN R/O VILLAGE- POKHRAHA KHURD, P.S- MEDNINAGAR TOWN, DISTT.- PALAMU (JHARKHAND).

5.

SUMITRA DEVI W/O DHARMENDRA PASWAN R/O VILLAGEPOKHRAHA KHURD, P.S- MEDNINAGAR TOWN, DISTT.- PALAMU (JHARKHAND).

6.

SARITA DEVI W/O RABINDRA KUMAR @ RABINDRA KUMAR PASWAN R/O VILLAGE- POKHRAHA KHURD, P.S- MEDNINAGAR TOWN, DISTT.- PALAMU (JHARKHAND).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2024

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Risiup P.S. Case No. 162 of 2023 dated 18.10.2023 registered under Sections 341, 323, 328, 379, 504, 506, 34 of the I.P.C.

3. As per the First Information Report the informant has

Patna High Court CR. MISC. No.44913 of 2024(2) dt.24-07-2024 2/3 alleged that his son was administered poison on 08.10.2023 and he was referred to Gaya from Sadar Hospital, Aurangabad. It has further been alleged that on 11.10.2023 the petitioners entered into the house of the informant and took away mobile phone, laptop, driving license, PAN Card, ornaments of her son.

4. Learned counsel for the petitioners submits that informant is the mother-in-law of Sushma Devi. The marriage of the daughter of petitioner no. 1 & 2 namely, Sushma Devi was solemnized with Vivek Kumar Paswan (i.e. son of the informant). The said Sushma Devi has lodged F.I.R. bearing Risiup P.S. Case No. 90 of 2023 dated 03.07.2023 against her husband, mother-in-law, father-in-law and others alleging that she was being tortured in her matrimonial home for demand of dowry. Learned counsel further submits that the son of the informant tried to commit suicide by consuming poison and taking advantage of the same and in retaliation of the first F.I.R. lodged by Sushma Devi, her entire family members have been made accused including her father, mother and brother in the present F.I.R.

5. On the other hand, learned counsel for the informant vehemently opposed the anticipatory bail application and submits that during course of re-statement it has been stated by

Patna High Court CR. MISC. No.44913 of 2024(2) dt.24-07-2024 3/3 the informant that Santlal Manjhi, Neelam Devi and Deepak Kumar @ Deepak Kumar Paswan i.e. petitioner nos. 1, 2 & 3 arrived at the house of the informant and administered poison to her son while he was having meal.

6. Regard being had to the submission made by the parties, taking into consideration the fact that name of persons has not been disclosed in the F.I.R. who allegedly administered poison to the informant's son and further F.I.R. lodged by Sushma Devi i.e. daughter-in-law of the informant is prior in time and there is matrimonial dispute between the two families, I am inclined to grant anticipatory bail to the petitioners.

7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Aurangabad (Bihar) in connection with Risiup P.S. Case No. 162 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. praful/- (Anil Kumar Sinha, J) U T