Gopindra Manjhi @ Gobind Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61551 of 2018 Arising Out of PS. Case No.-193 Year-2016 Thana- ATRI District- Gaya ======================================================
1. Gopindra Manjhi @ Gobind Manjhi @ Upendra Manjhi, son of Janki Manjhi
2. Janki Manjhi, son of Gyan Manjhi
3. Naudihni Devi @ Naudihni @ Naudihuni Devi, wife of Janki Manjhi
4. Sarita Kumari, daughter of Janki Manhi All are resident of village Balua par, Pahar Tar, P.S. Atri, Distt. Gaya. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Dhirendra Pratap Singh For the Opposite Party/s :
Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-11-2018 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in Atri P.S. Case No. 193 of 2016 instituted for the offence under Sections 498A, 302, 304(B) and 201 of the Indian Penal Code.
It is alleged in the written report that daughter of the informant was married with petitioner No. 1 about ten years back. She was tortured in her sasural for demand of Motorcycle and golden chain. It is further alleged that one year back all accused persons assaulted the daughter of the informant and drove her from the house after retaining her son with them. Petitioner No. 1 has performed second marriage
Patna High Court Cr.Misc. No.61551 of 2018(3) dt.19-11-2018 2/3 with Puja Devi and took the daughter of the informant with them in November, 2015. In the month of January, 2016 the informant went to see his daughter but he was told that his daughter had gone to attend marriage. The informant enquired about his daughter several times but he could not get any information about her. He learnt from the villagers that in and around December, 2015 the accused persons had killed his daughter and cremated the dead body.
Case diary has been received.
The learned A.P.P. after looking into the case diary has submitted that dead body has not been recovered. Charge sheet has also been submitted.
In the written report there is direct allegation against the petitioner No. 1 of torturing the daughter of informant and performing second marriage with Puja Devi. Subsequently, the daughter of informant was murdered and her dead body was not recovered. Therefore, this Court is not inclined to grant bail to petitioner No. 1.
Prayer for bail of petitioner No. 1 stands rejected at this stage.
So far petitioner Nos. 2, 3 and 4 namely, Janki Manjhi, Naudihni Devi @ Naudihni @ Naudihuni Devi and
Patna High Court Cr.Misc. No.61551 of 2018(3) dt.19-11-2018 3/3 Sarita Kumari are concerned, they are family members of petitioner No. 1. Therefore, prayer for bail of petitioner Nos. 2, 3 and 4 are allowed. Let the petitioner Nos. 2, 3 and 4 above named, 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 learned Additional Chief Judicial Magistrate, XIII, Gaya, in connection with Atri P.S. Case No. 193 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioners. The Trial Court is directed to expedite the trial of the case and make efforts to conclude the trial as early as possible preferably within a period of nine months from the date of receipt of this order.
S.Ali/- (Sanjay Priya, J) U T