Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7874 of 2024 Arising Out of PS. Case No.-401 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== Manoj Kumar Son of Vijay Mahto R/o vill - Kushail ward no. 15, P.S. - Pupri, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Pupri P.S. Case No.401 of 2023, lodged on 15.09.2023, under Sections 341/323/498A/420 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged by the informant who has made allegation against the petitioner that he used to torture for rupees fifteen lakhs from the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that from the content of the FIR counsel for the petitioner has taken defence that the alleged informant is aged about 45 years of age and petitioner is only 22 years of age and
Patna High Court CR. MISC. No.7874 of 2024(2) dt.20-02-2024 2/3 he was working as Assistant Mechanic under the deceased husband of the informant. Informant is mature lady and mother of four children and only with a view to make the petitioner as house husband, she used to put pressure in different means and present FIR is one of such attempt. The petitioner is in custody since 16.10.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi, in connection with Pupri P.S. Case No.401 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.7874 of 2024(2) dt.20-02-2024 3/3 bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T