Gorakh Manjhi @ Gorakh Nath Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57736 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.
Gorakh Manjhi @ Gorakh Nath Manjhi, Son of Late Babulal Manjhi Resident of Village-Batardeh, P.S-Barauli, District-Gopalganj. 2.
Chhathi Devi, Wife of Gorakh Manjhi @ Gorakh Nath Manjhi, Resident of Village-Batardeh, P.S-Barauli, District-Gopalganj. 3.
Lalbabu Manjhi, Son of Sukan Manjhi, Resident of Village-Batardeh, P.SBarauli, District-Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Pratap Singh, Advocate For the Opposite Party/s :
Mr.Amarendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 This is an application for grant of anticipatory bail in connection with Barauli P. S. Case No. 95 of 2019, disclosing offences under Sections 304-B, 201, 34 of the Indian Penal Code.
In view of the submission made by the learned counsel for the petitioners that petitioner no.3 has been arrested by the police during pendency of this application. As such, this application stands dismissed as withdrawn against petitioner no.3.
Case is dowry death. Petitioner no.1 happens to be the father-in-law and petitioner no.2 is mother-in-law of the
Patna High Court CR. MISC. No.57736 of 2019(3) dt.15-10-2019 2/3 deceased.
Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioners and the cause of death has not been asserted in the postmortem report. The Viscera report is preserved. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail and submitted that the dead body was recovered at the instance of the husband of the deceased and confessional statement of husband of the deceased also disclosed the name of the petitioners.
Having heard both sides, considering the fact that petitioner no.1 is a lady aged about 60 years, let the petitioner no.2, above named, surrender before the court below within a period of two weeks from the date of receipt of certified copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M-XIV, Gopalganj, in connection with Barauli P. S. Case No. 95 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
So far as petitioner no.1 is concerned, I am not inclined to grant privilege of anticipatory bail to him. However,
Patna High Court CR. MISC. No.57736 of 2019(3) dt.15-10-2019 3/3 he may surrender and pray for regular bail before the learned court below.
With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T