Manish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.33023 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33023 of 2017 Arising Out of PS.Case No. -320 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ====================================================== Manish Kumar, son of Brahamdeo Mahto, resident of Village- Panchi, P.S.- Shekhopur Sarai, District- Sheikhpura.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bharat Lal, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.04.2017 in connection with Sheikhpura (Kushumbha) P.S. Case No. 320 of 2014 for the offences alleged under Sections 302 and 120B/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the accusations against the accused persons are general and omnibus in nature. The petitioner happens to be the nephew (bhagna) of the husband of the deceased and the allegations for his implication are quite improbable in nature. Similarly situated co-accused Asha Devi has been granted bail by this Court in Cr. Misc. No. 43353 of 2014. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura (Kushumbha) P.S. Case No. 320 of

Patna High Court Cr.Misc. No.33023 of 2017 (2) dt.20-07-2017 2014, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T