← Library
Patna High CourtCR. MISC./15860/2016rejected

Manoj Kumar Singh v. The State Of Bihar

2016-06-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15860 of 2016 Arising Out of PS.Case No. -76 Year- 1996 Thana -AMNAUR District- SARAN ====================================================== Manoj Kumar Singh Son of Gajadhar Singh Resident of VillageParshurampur, P.S.-Amnaur, District-Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate. For the Opposite Party/s : Mr. Awadhesh Kr.Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.

The petitioner seeks bail in connection with Amnaur P.S. Case No. 76 of 1996 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Babita Kumari, daughter of the informant/complainant was married to the petitioner on 14.06.1995 and allegedly, due to non-fulfillment of demand of additional dowry, she was being tortured and assaulted by the petitioner and other in-laws and ultimately she was burnt to death and her dead body was thrown in Gandak river. Submission is of false implication and that the complaint case has been lodged after much delay, there is no specific allegation against the petitioner, the case was compromised resulting the petitioner was of the view that the case

Patna High Court Cr.Misc. No.15860 of 2016 (4) dt.21-06-2016 2/2 might have been disposed of, but when he came to know that he is wanted in this case, he surrendered voluntarily at Kolkata on 08.02.2016 and was remanded here on 16.02.2016. Other coaccused have been allowed bail and, as such, the petitioner also deserves sympathetic consideration.

The learned APP submits that from perusal of the impugned order, it reveals that prayer of anticipatory bail of the petitioner was rejected and thereafter he remained absconding and this is the case of the year 1996.

In the facts and circumstances stated above, considering the period of abscondance, at present, I am not inclined to enlarge the petitioner on bail and accordingly his prayer stands rejected in connection with Amnaur P.S. Case No. 76 of 1996 pending in the Court of learned Additional Sessions Judge, IX, Saran at Chhapra.

The learned Court below is directed to take proper steps for expeditious trial of this case and the petitioner will be at liberty to renew his prayer of bail after examination of the informant.

(Jitendra Mohan Sharma, J) Mishra/- U T