Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36499 of 2021 Arising Out of PS. Case No.-47 Year-2020 Thana- PIPRA District- Patna ====================================================== MANISH KUMAR, Son of - Mahesh Yadav, Resident of Village- Basiyawan, P.S.- Pipra, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Ms. Nivedita Nirvikar, Senior Advocate For the State :

Mr. Matloob Rab, APP For the Informant :

Mr. Shailendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. The petitioner seeks bail in Pipra P.S. Case No.47 of 2020, giving rise to Sessions Trial No.393 of 2020, registered for the offences punishable under Sections 323, 498A, 304B and 34 of the Indian Penal Code as well as under Sections 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner is that the petitioner alongwith his family members killed the daughter of the informant for non-fulfilling of additional demand of dowry. Learned Senior Counsel for the petitioner submits that the petitioner is husband and has falsely been implicated in the

Patna High Court CR. MISC. No.36499 of 2021(3) dt.28-10-2021 2/2 present case. There is no evidence against the petitioner to show his involvement in the alleged offence.

Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail of the petitioner and submitted that the petitioner is husband of the deceased and he along with his family members killed the daughter of the informant.

Considering the fact that the petitioner is husband of the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected. However, the petitioner may renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J.) Sanjay/- U T