Mangli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1205 of 2018 Arising Out of PS.Case No. -172 Year- 2017 Thana -MANSI District- KHAGARIA ====================================================== Mangli Devi W/o Parvesh Yadav, R/o Village- Rohyar, P.S.- Mansi, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-01-2018 Learned counsel for the petitioner seeks leave to make correction of some typographical error in paragraph-1 of the application.

Leave is granted.

The petitioner seeks pre-arrest bail in connection with Mansi P. S. Case No.172 of 2017 registered under Sections 364/34, 302, 201 and 120-B/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR. Her name transpired during investigation in the confession made by her father Gulab Yadav wherein he stated that the deceased Ganauri Yadav was having extra marital relationship with the petitioner

Patna High Court Cr.Misc. No.1205 of 2018 (2) dt.19-01-2018 2/3 and while he was taking away the petitioner, her father Gulab Yadav and her brother tried to persuade him not to do so, but he kicked away and humiliated her father whereafter her brother assaulted him with brick on his head, as a result of which he fell down and Gulab Yadav stabbed him to death. He submitted that so far as the petitioner is concerned, there is absolutely no whisper in the statement of Gulab Yadav that she in any way conspired with her father and brother in the commission of the offence.

Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioner. He submitted that since the matter is under investigation, the petitioner may be directed to surrender and seek bail. I have heard learned counsel for the parties. Regard being had to the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to 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 Chief Judicial Magistrate, Khagaria in Mansi P. S. Case

Patna High Court Cr.Misc. No.1205 of 2018 (2) dt.19-01-2018 3/3 No.172 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T