Longi Devi @ Longi Bhuini And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.8080 of 2017 (3) dt.21-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8080 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Longi Devi @ Longi Bhuini W/o Late Rajendra Manjhi.

2. Suresh Manjhi son of Late Rajendra Manjhi

3. Sharda Devi @ Shanti Devi, W/o- Suresh Manjhi All resident of village- Ganghar, P.S.- Magadh University, Gaya (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of M.U. Police Station Case No. 38 of 2016, disclosing offences under Sections 304(B), 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners and no specific overt act is attributed to them. These petitioners, happens to be close relative of the husband of the deceased, are innocent and have not committed any offence. In fact, these petitioners live separately in Dhanbad as mother-inlaw of the deceased, petitioner no.1, serving in Bharat Cocking Coal Ltd., which is evident from the case diary also. They have

Patna High Court Cr.Misc. No.8080 of 2017 (3) dt.21-03-2017 no concern with the alleged occurrence. No witnesses have supported the presence of these petitioners on the day of occurrence except the informant. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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-IX, Gaya, in connection with Magadh University Police Station Case No. 38 of 2016, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T