Bhola Manjhi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48081 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -MAGADH UNIVERSITY District- GAYA ======================================================
1. Bhola Manjhi Son of Chhakkan Manjhi,
2. Kari Devi Wife of Bhola Manjhi, Both R/o the Village - Koshila Servodayapuri, 12 No. P.S. M.U. Bodh Gaya at District- Gaya.
3. Pintu Manjhi, Son of Munna Manjhi,
4. Munni Kumari Daughter of Munna Manjhi, Both R/o the village - Baliyari, P.S. - Amas District - Gaya.
5. Shanti Devi Wife of Ramjanam Manjhi, R/o the village - Takuna Farm, P.S. - Bodh Gaya at District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ramjeet Manjhi Son of Late Ganapata Manjhi, Resident of Village - Supai, P.S. - Amas, at District - Gaya.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-05-2015 This is an application seeking anticipatory bail in a case registered for the offences punishable under sections 302/34 of the Indian Penal Code.
Petitioners Nos. 1 and 2 are father-in-law and motherin-law respectively of the deceased. Petitioners Nos. 2 and 4 are son and the daughter of the sister of the husband of deceased. Petitioner No.5 is said to be sister of the husband of deceased. The marriage between the deceased and son of petitioners Nos. 1 and 2 was solemnized nearly 12 years prior to the date of occurrence.
Patna High Court Cr.Misc. No.48081 of 2014 (2) dt.14-05-2015 2/2 Learned counsel for the petitioners has contended that no case under section 302 of the IPC is made out against these petitioners and they have been made accused for ulterior reasons. He has submitted that for an occurrence alleged to have taken place on 05.04.2014, the first information report came to be instituted on 23.04.2015 and there is no explanation for such delay in institution of the first information report which casts serious doubt on the prosecution case.
In view of submissions, as above, the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Gaya in connection with Magadh University PS case No. 24/2014, subject to conditions as laid down u/s 438(2) of the Code of Criminal Procedure. (Chakradhari Sharan Singh, J) BKS/- U T