Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5350 of 2021 Arising Out of PS. Case No.-318 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== Manju Devi Wife of Karun Kant Sharma Resident of Village - Jhariya Aaina Kothi, P.S.- Jhariya, Dist.- Dhanbad (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Sherghati P.S. Case No. 318 of 2020 registered under sections 370, 372, 373 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that as a result of having separated from her husband, she was working on her own and was thinking of remarriage. It is stated that the petitioner herein gave her an offer that she would talk about her marriage, in case she was ready, with the brother-in-law of her daughter. It is stated that on 3.7.2020 she was called in the hotel. In spite of informant asking them to wait so that she may consult the members of her family, the accused

Patna High Court CR. MISC. No.5350 of 2021(3) dt.29-06-2021 2/3 persons insisted on marriage immediately and the accused Dilip Saw forcibly put sindoor on her. She was taken away by the accused persons and on her protest, they disclosed that they had brought her from the petitioner for Rs.1.8 lakhs. It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. From perusal of the F.I.R. itself, it would transpire that the petitioner is alleged to have stated that she would talk of the informant's marriage with her daughter's Devar, namely, Mukesh and not Dilip Saw. The petitioner has been falsely implicated in the case. Co-accused Guriya Jha has been enlarged on bail vide order dated 24.6.2021 passed in Cr. Misc. No. 14666 of 2021 and co-accused Dilip Saw and Dipak Saw have been enlarged on bail vide order dated 15.3.2021 passed in Cr. Misc. No. 36350 of 2020. The petitioner who is a lady has no criminal antecedent and is in custody since 5.7.2020. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, grant of bail to co-accused Dilip Saw and the petitioner having remained in custody for nearly 1 year, the Court is

Patna High Court CR. MISC. No.5350 of 2021(3) dt.29-06-2021 3/3 inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sherghati P.S. Case No. 318 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya.

(Partha Sarthy, J) Bibhash U T