Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28223 of 2020 Arising Out of PS. Case No.-204 Year-2019 Thana- SUPAUL District- Supaul ============================================== MANISH KUMAR Son of Nathuni Prasad Yadav @ Naresh Kumar Resident of Village- Ithari (Ward No.-15), P.O. Hardi, P.S.- Supaul, Distt- Supaul. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2020 Heard Mr. Arvind Kumar Singh, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Supaul (Laukaha O.P.) P.S. Case No. 204/2019 instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code It has been submitted on behalf of the petitioner that the deceased is the daughter of the informant, who has raised suspicion against the petitioner and others. No reason has been assigned in the First Information Report with respect to suspicion against the petitioner. Because of the

Patna High Court CR. MISC. No.28223 of 2020(2) dt.04-12-2020 2/3 paucity of evidence connecting the petitioner with the offence, he was not chargesheeted but differing with such police report, cognizance has been taken against the petitioner and some of the other persons also, who were not chargesheeted. Some of those persons, who were not sent up for trial but cognizance against whom was taken along with the petitioner, have been granted anticipatory bail by a Bench of this court vide order dated 09.09.2019 passed in Cr. Misc. No. 39758 of 2019.

Regard being had to the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul (Laukaha O.P.) P.S. Case No. 204/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.28223 of 2020(2) dt.04-12-2020 3/3 However, the petitioner shall participate in the trial and shall not absent himself from the trial proceedings without seeking approval of the Trial Court.

Should he do so or try to tamper with the evidence, the bail granted to him shall be liable to be cancelled.

(Ashutosh Kumar, J) sunilkumar/- U T