Biphiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53076 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== 1.

BIPHIYA DEVI Wife of Late Butai Manjhi Resident of Village- Gangi, P.S. - Barachati, District- Gaya.

2.

Mahade Manjhi Son of Late Ghuran Manjhi Resident of Village- Gangi, P.S. - Barachati, District- Gaya.

3.

Kara manjhi @ Karu Manjhi Son of Late Ghuran Manjhi Resident of Village- Gangi, P.S. - Barachati, District- Gaya. 4.

Hari Dayal Manjhi Son of Late Ghuran Manjhi Resident of Village- Gangi, P.S. - Barachati, District- Gaya.

5.

Shiv Pujan Manjhi Son of Late Butai Manjhi Resident of Village- Gangi, P.S. - Barachati, District- Gaya.

6.

Karu Manjhi, son of Late Ganauri Manjhi Resident of Village- Gangi, P.S. - Barachati, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Barachati P.S. Case No.206 of 2019 registered under Sections 302 and 201//34 of the Indian Penal Code. The accusation is that the marriage of the deceased Jhunni Devi, the Bhagini of the informant Sheela Devi, was performed in the year 2003 with Nagendra Manjhi and due to

Patna High Court CR. MISC. No.53076 of 2019(2) dt.27-08-2019 2/3 wedlock, she was blessed with three male and one female issues. In the meantime, the husband of the deceased Jhunni Devi fell in love with another lady as he used to do the work of the tractor driver at the brick-kiln, due to that reason, the deceased Jhunni Devi was being tortured by her husband through various modes. On 14.05.2019, the deceased Jhunni Devi was killed by her husband and other in-laws. Learned counsel for the petitioners submits that the petitioner no.1 is mother-in-law, the petitioner nos.2, 3 and 4 are cousin fathers-in-law and petitioner no.5 is brother-in-law of the deceased, whereas petitioner no.6 is the relative of the husband of the deceased. In fact, the deceased Jhunni Devi died of natural death and her funeral was performed in presence of the people of her Maika but with an ulterior motive, the informant, who is maternal aunt of the deceased Jhunni Devi, has lodged the present case after ten days of the occurrence. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.53076 of 2019(2) dt.27-08-2019 3/3 amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, District-Gaya, in connection with Barachati P.S. Case No.206 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T