Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13244 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- EKANGARSARAI District- Nalanda ====================================================== 1.

MANISH KUMAR Son of Ambika Prasad Resident of Village - Mohan Bigha, P.S.- Okari, District - Jehanabad.

2.

Ambika Prasad Son of Late Jagarnath Yadav Resident of Village - Mohan Bigha, P.S.- Okari, District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2023 Heard learned counsels for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under Sections 498(A)/ 494/34 of the I.P.C.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. There is no allegation of tampering with

Patna High Court CR. MISC. No.13244 of 2023(2) dt.29-04-2023 2/2 the witnesses alleged against the petitioner. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner has got clean antecedent.

Learned counsel for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa in connection with Ekangarsarai PS case No. 142/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T