Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2974 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Manish Kumar son of Late Sunil Singh, Resident of village- Narendra Prabodhi , P.S. Sarari, District - Vaishali at Hajipur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-03-2015 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State. The petitioner seeks bail in a case for the offence punishable under Sections 341, 324, 326, 354 and 307/34 of the Indian Penal Code.

The allegation against the petitioner is to have thrown acid causing injuries on the face and chest of the prosecutrix.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and no occurrence has taken place as has been alleged by the prosecutrix. The petitioner is a student of B.Sc. final year and he has a widow mother and newly wedded wife, who is pregnant. He has been in custody since 29.9.2014. He has no criminal antecedent. However, after investigation the police has submitted chargesheet and there is no chance of tampering with the witnesses. Learned counsel for the informant submits that there is specific allegation of overt act against the petitioner and apart from the other circumstances,

Patna High Court Cr.Misc. No.2974 of 2015 (3) dt.13-03-2015 2/2 petitioner has also confessed his guilt and accepted that he was in the conspiracy of committing the offence. However, he has stated that the co-accused has thrown the acid. The doctor has also found grievous injury on the person of the prosecutrix.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Speical Judge, Protection of Children and Sexual Offence Act, 2012 , Vaishali at Hajipur in Sarai P. S. case no. 169 of 2014 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T