Sohan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55879 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.

SOHAN MANJHI S/o Khiru Manjhi Resident of Village- Atia, P.S.- Magadh University, District- Gaya.

2.

Ruby Devi W/o Sohan Manjhi Resident of Village- Atia, P.S.- Magadh University, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 306/34 of the Indian Penal Code. Prosecution case, in short, is that the wife of the informant committed suicide on being continuously harassed and tortured by the accused persons including the petitioners. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.55879 of 2021(2) dt.13-05-2022 2/2 petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is brother-in-law of the deceased and petitioner No.2 is wife of petitioner No.1. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. There is no allegation of abetment alleged against this petitioners. Hence, no offence under Section 306 of I.P.C. is attracted in this case. Petitioner No.2 is a lady. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Neha Tripathi, learned J.M. 1st class, Gaya in connection with Magadh University P.S. case No.62/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.