Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28744 of 2025 Arising Out of PS. Case No.-202 Year-2021 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Manish Kumar S/O Bechan Yadav @ Bachan Yadav R/O Village- Balmat Bigha, P.S- Islampur, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
3. As per F.I.R., on 12.11.2021 at about 6:00 am, the informant heard that one dead body of a female is lying near Barghi Asthan. On receipt of such information, the informant went there and saw that it was the dead body of his daughter. The informant alleged that last night, this petitioner took away his daughter for some cultural programme but they did not return. The marriage of the deceased was solemnised on 13.03.2021 with this petitioner and thereafter, it is alleged that all the accused persons including this petitioner was indulged in torturing the deceased. It is further alleged that petitioner also threatened to solemnise second marriage with another lady and
Patna High Court CR. MISC. No.28744 of 2025(2) dt.15-07-2025 2/2 as such informant suspects that all the accused persons have committed the murder of his daughter.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Allegation against petitioner is general and omnibus. Petitioner is husband of the deceased and during course of investigation, no other material has come which suggests the complicity of the petitioner in the crime. It is further submitted that similarly situated co-accused has already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 18.12.2024 passed in Cr. Misc. No. 71734 of 2024.
5. Learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioner is husband of the deceased and there is specific accusation that he took away the deceased and thereafter, her dead body was found lying near Barghi Asthan as such, petitioner cannot claim parity with other co-accused persons.
6. Considering the aforesaid facts and circumstances of the case, prayer for pre-arrest bail of the petitioner is refused. (Prabhat Kumar Singh, J) Navya/- U T