Bali Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81916 of 2019 Arising Out of PS. Case No.-292 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== 1.

Bali Manjhi, S/O Late Sanichar Manjhi, Resident of Village - Chandebara, P.S.- Rajauli, District - Nawada.

2.

Sarsatia Devi, W/O Bali Manjhi, Resident of Village - Chandebara, P.S.- Rajauli, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the parents-in-law of the victim, are languishing in custody since 18.08.2019 in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case as per the fardbeyan of Chaukidar, Mithilesh Paswan recorded by S.I. Amarnath Chauhan to the effect that on 26.10.2018 at 10.00 A.M. the informant received informant that a dead body of a woman was lying in a ditch in semi-naked condition with injury on her neck, leading to registration of the FIR against unknown. The

Patna High Court CR. MISC. No.81916 of 2019(2) dt.11-12-2019 2/2 name of the petitioners sprang up during investigation on the statement of Sukari Devi, the mother of the victim. It is submitted by learned counsel for the petitioners that only on the basis of suspicion and circumstantial evidence, the petitioners have been roped in the present case. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the name of the petitioners sprang up during investigation since the mother of the victim has named the petitioners.

Considering the circumstantial nature of accusation and the fact that the investigation has already been concluded, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Nawada in connection with Rajauli P.S. Case No. 292 of 2018. (Dinesh Kumar Singh, J) DKS/- U T