Bishwakarma Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37006 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. BISHWAKARMA MANJHI , S/o Ram Jatan Manjhi

2. Sunar Pati Devi, W/o Harigovind Manjhi

3. Ajay Kumar @ Makoo, S/o Harigovind Manjhi All resident of VillageVigahi Vairishal, P.S.- Mirganj, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mrs. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Mirganj P.S. Case No. 86 of 2016, disclosing offences under Sections 304B and 201/34 of the Indian Penal Code. Petitioner No.1 is the husband of the deceased. Petitioner No.2 is wife of elder brother of the husband of the deceased and petitioner No.3 is son of petitioner No.2. It is submitted on behalf of the petitioners that the deceased died of burn injuries, which she had received while cooking food. According to him, the deceased was taken to Hospital where she was treated for 8 days and whereafter she was referred to specialized treatment.

He has,

accordingly, submitted that had the act been done intentionally by the petitioners to kill the deceased, she would not have been taken to the Hospital by the petitioners. According to him, under some misconception the informant got the FIR lodged. It has also been submitted that there is no allegation in the First Information Report that soon before the death of the deceased, there was any demand of dowry by the petitioners.

Considering the above and the contents of the First Information Report, this application is allowed. Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Goaplganj in Mirganj P.S. Case No. 86 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. ArunKumar/- (Chakradhari Sharan Singh, J) U