Manish Kumar @ Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14328 of 2020 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA PS District- Aurangabad ====================================================== MANISH KUMAR @ MANISH KUMAR SINGH Son of Kameshwar Singh @ Kameshwar Prasad Singh Resident of Village- Bibiganj, Police StationUdwant Nagar, District - Ara at Bhojpur, Presently resident of Quarter No. DT2152,HEC Colony, P.S. - Dhurwa, District - Ranchi (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari D/O Late Ramadhar Singh Resident of Village - Kajhwan, P.S.- Obara, District - Aurangabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498(A), 323, 307 and 120(B) of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Allegation against the accused persons is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.1.2020 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is husband of the victim. There is no injury report in respect to allegation for constituting an offence under

Patna High Court CR. MISC. No.14328 of 2020(2) dt.02-03-2020 2/2 Section 307 IPC. Rest of the offences are triable by the Magistrate. The petitioner has 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. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad in connection with Aurangabad Mahila P.S. Case No. 20 of 2018.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T