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Patna High CourtCR. MISC./60102/2023bail granted

Munnar Manjhi v. The State Of Bihar

2023-12-13Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60102 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Munnar Manjhi, S/O Late Budhan Manjhi 2.

Lalchuni Devi, W/O Munnar Manjhi 3.

Sunita Devi, W/O Mahanth Manjhi 4.

Rajan, S/O Munnar Manjhi, 5.

Dinesh Manjhi, S/O Munnar Manjhi All are residents of Village- Khasuar, P.S. Bettiah (Muffasil), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Bettiah (Mufassil) P.S. Case No. 231 of 2023 registered for the alleged offences under Sections 302, 201/34 of the Indian Penal Code.

3. As per prosecution case, the petitioners, who are inlaws of the deceased daughter of the informant, killed the daughter of the informant and threw her dead body at the outskirt of the village.

Patna High Court CR. MISC. No.60102 of 2023(3) dt.13-12-2023 2/3

4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioners, who are in-laws of the deceased, have no concern with any dispute between the husband and the wife. The daughter of the informant committed suicide and this fact has been stated by a number of persons, who were examined during investigation by the police. It has also come during investigation that even the husband of the deceased was not present and dispute took over the husband of the deceased sending some money in the account of the informant and not to the deceased. The learned counsel further submits that it was love marriage of the deceased and the husband Chhotu Kumar and there was no allegation of any dowry demand. The learned counsel further submits that the petitioner no.1 has got one criminal antecedent in which he is on bail. The other petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail submitting that the petitioners have been named in the FIR by the informant who killed her daughter.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the distinct lack of material against the petitioners, who are in-laws

Patna High Court CR. MISC. No.60102 of 2023(3) dt.13-12-2023 3/3 of the deceased, and further considering the statement of witnesses showing suicide by the daughter of the informant and also considering the possibility of false implication, let the petitioners, above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah (Mufassil) P.S. Case No. 231 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T