Mahadeo Manjhi vs State Of Bihar

The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Heard Mr. Madhurendra Kumar, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner is in custody in connection with Madhuban P.S. Case No.244 of 2019 dated 18.10.2019 instituted under Sections 498-A, 304-B, 120-B, 201/34 of the Indian Penal Code.

The allegation against the petitioner and others is of killing his daughter-in-law and also disposing off the dead body without informing the family of the deceased.

Learned counsel for the petitioner submitted that he is the father-in-law of the deceased and in the FIR itself, all the allegations relate to demand of dowry and torture by the husband i.e., the son of the petitioner and only a bald statement has been made that the petitioner was also party to the killing the deceased. Learned counsel submitted that after marriage, he is living with his younger son and the husband of the deceased and the deceased were living separately. It was further submitted that it has wrongly been stated that the body had been disposed off without any information as the parents and relatives of the deceased had participated in the last rites and further, that the deceased had died due to liver cirrhosis and not because of any foul play. It was submitted that the petitioner is in custody since 20.10.2019.

Learned APP submitted that the petitioner being the father-in-law of a young bride, who died within one year of marriage, cannot plead innocence. However, he could not controvert that in the FIR, the allegation of torture and demand of dowry is specifically against the husband and only that the husband along with the petitioner had killed the deceased.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Chamapran, Motihari, in Madhuban P.S. Case No.244 of 2019, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.