Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23783 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Manish Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ful Man Singh For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 307, 323, 341 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The prosecution case is that the informant was married with the petitioner in the year 2012 but subsequently dowry demand was made and for non-fulfilment of the same, torture was inflicted. It is also alleged that the petitioner tried to throttle the informant.

It is submitted by learned counsel for the petitioner that the petitioner denied the factum of marriage. Considering the fact that the factum of marriage is in dispute, let the above named petitioner be released on provisional

Patna High Court Cr.Misc. No.23783 of 2015 (2) dt.09-07-2015 2/2 anticipatory bail for six months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 57 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Learned court below will conduct an enquiry with regard to factum of marriage of the petitioner with the informant and if the learned court below comes to conclusion that the petitioner never married with the informant then the provisional bail of the petitioner will be confirmed and if the learned court below comes to the conclusion otherwise then the petitioner will surrender before the learned court below and pray for regular bail. (Dinesh Kumar Singh, J) Amrendra/- U T