Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83829 of 2023 Arising Out of PS. Case No.-517 Year-2023 Thana- MADHAURAH District- Saran ====================================================== 1.
Lalita Devi Wife Of Munna Kumar Manjhi Resident Of Village - Awari Paschim Tola, Police Station - Marhowrah, District - Saran 2.
Munna Kumar Manjhi Son Of Shiv Kumar Manjhi Resident Of Village - Awari Paschim Tola, Police Station - Marhowrah, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avnish Kumar Singh For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant being sister-in-law (Gotni) and brother-in-law (Bhaisur) of the deceased. It is submitted that the deceased was married to the brother of petitioner no.2 on 22.06.2022, and thereafter, the accused persons including the petitioners started demanding the
Patna High Court CR. MISC. No.83829 of 2023(4) dt.26-06-2024 2/3 gold chain and for non-fulfillment of the same, the deceased was tortured. Further, the husband of the deceased was having illicit relation with his Bhabhi i.e. petitioner no.1 and on 20.08.2023 the informant came to know that his daughter was assaulted by her in-laws, accordingly, he went to the place of occurrence, where he found the dead body of his daughter.
4. The learned counsel submits that petitioners have been falsely implicated in the instant case. It is also submitted that the husband of the deceased is in custody and whenever such occurrence takes place, the entire family members are implicated in a mechanical manner with general and omnibus allegation. It is also submitted that the allegation that husband of the deceased was having illicit relation with petitioner no.1 has been alleged only with a view to give serious colour to the case.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.83829 of 2023(4) dt.26-06-2024 3/3 amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Marhowrah P.S. Case No.517/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T