Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21745 of 2020 Arising Out of PS. Case No.-435 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== MANISH KUMAR Son of Bal Kunwar Ram Resident of Village - Sahejani Tola, Police Station - Bikramganj, District - Rohtas. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Jyoti Devi Wife of Manish Kumar Resident of Village - Sahejani Tola, Police Station - Bikramganj, District - Rohtas. At present daughter of Chhedi Ram, Village and Post - Udwant Nagar, P.S. - Udwant Nagar, DistrictBhojpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar, Advocate For the Opposite Party No.1:

Mr. Anil Kumar, APP For the Opposite Party No.2:

None ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-12-2020 Heard Mr. Anil Kumar, learned counsel appearing on behalf of the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor, for the State of Bihar. Despite service of notice, there is no representation on behalf of the complainant.

This application for grant of anticipatory bail arises out of Complaint Case No. 435 of 2019, registered for the offence punishable under Sections 406, 498(A) of the Indian Penal Code and Section 4 of the D.P.Act.

The petitioner was allowed provisional bail during the pendency of the present anticipatory bail on 13.08.2020.

Patna High Court CR. MISC. No.21745 of 2020(3) dt.11-12-2020 2/3 Learned counsel appearing on behalf of the petitioner has argued that matrimonial dispute is the only reason why present criminal case has been lodged. He has submitted that because of poor educational background of the petitioner, the complainant has refused to live with him.

Considering the nature of dispute leading to lodging of the complaint case, this application is allowed. The provisional bail granted by this Court vide order dated 13.08.2020 is confirmed.

It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.

Since COVID-19 Pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

Patna High Court CR. MISC. No.21745 of 2020(3) dt.11-12-2020 3/3 (iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T