Patna High CourtCR. MISC./23775/2020bail granted

Manish Kumar v. The State Of Bihar

2020-09-16Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23775 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- MAHILA P.S. District- Sheikhpura ====================================================== MANISH KUMAR Son of Bipin Mahato @ Bipin Mahto Resident of Mohalla - Dallu Chowk, Police Station- Sheikhpura, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2020 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. Binod Kumar, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Sheikhpura (Mahila) PS Case No. 23/2020 registered for the offence punishable under Sections 498A/34 of the IPC and 3⁄4 of the Dowry Prohibition Act.

3. As per First Information Report, the informant was married to this petitioner on 09.01.2018. It is alleged that petitioner along with other accused persons objected the informant to continue with ANM training and demanded a sum of Rs. 2 Lakhs as dowry. It is further alleged that due to non fulfillment of the demand, accused persons including the petitioner assaulted the informant and ousted her from her matrimonial home on 29.03.2020.

Patna High Court CR. MISC. No.23775 of 2020(2) dt.16-09-2020 2/3

4. Learned counsel for the petitioner submits that the petitioner has been implicated in this case due to oblique motive and the allegations levelled against the petitioner are general and omnibus in nature.

5. Learned counsel also submits that the correct facts have not been disclosed in the FIR inasmuch as the informant has herself left the house of the petitioner much earlier and also filed a complaint petition before learned Chief Judicial Magistrate at Sheikpura on 18.03.2020 bearing Complaint Case No. 99C/2020 which is still pending before the learned court below. Learned counsel further submits that petitioner is in custody since 12.05.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 12.05.2020, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, MANISH KUMAR be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Mahila) PS Case No. 23/2020.

Patna High Court CR. MISC. No.23775 of 2020(2) dt.16-09-2020 3/3

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T