Manoj Kumar Singh @ Manoj Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1917 of 2017 Arising Out of PS.Case No. -801 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Manoj Kumar Singh @ Manoj Kumar, son of Pahlwan Mahto,

2. Manti Devi, wife of Manoj Kumar Singh,

3. Manish Kumar, son of Manoj Kumar Singh,

4. Manil Kumar, son of Manoj Kumar Singh, All resident of Village - Nayaka Gaon, P.S. - Sasaram Town, District - Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar Seth, Advocate. For the Opposite Party/s : Mr. Sri Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sasaram Town P.S. Case No. 801 of 2016 registered under Sections 306, 496, 498(A) and 493 of the Indian Penal Code. The accusation is that, on 05.06.2016, Priyanka Gupta, daughter of informant, all of sudden died at his house. At that time informant had gone to Alawal, Rajasthan, to take medicine of his sister as his sister was cancer patient. When the informant received information on telephone then he came to his house and funeral was performed. In course of cleaning room of his daughter, one

suicide note of his daughter was found, in which, she detailed about performing her marriage in court with one Manjit Kumar, son of petitioner nos. 1 and 2, who blackmailing to Priyanka Gupta, daughter of informant, due to that reason she commited suicide. Further allegation of informant is that parents and brothers of Manjit Kumar were also involved in the occurrence. Learned counsel for the petitioners submits that, in fact, Manjit Kumar, son of petitioner nos. 1 and 2 and brother of petitioner nos. 3 and 4, performed the marriage with deceased, Priyanka Gupta, daughter of informant, and Manjit Kumar had filed Matrimonial Case No. 103 of 2015, under Section 9 of the Hindu Marriage Act, against Priyanka Gupta. It is further submitted that after knowing about the death of Priyanka Gupta, Manjit Kumar, filed Complaint Case No.

640 of 2016, on 08.07.2016, in the court of Chief Judicial Magistrate, Rohtas, Sasaram, against the informant of the present case for committing the murder of his wife Priyanka Gupta, which was sent under Section 156(3) Cr.P.C. for institution of case to Police Station Sasaram Town and after knowing about the said case the informant lodged the present case to put under pressure after one month nine days of the occurrence.

Having regard to the facts and circumstances of the

case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas, Sasaram, in connection with Sasaram Town P.S. Case No. 801 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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