Manu Kumar @ Mannu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31928 of 2024 Arising Out of PS. Case No.-417 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Manu Kumar @ Mannu Kumar S/O Kachahari Bind R/O VillageBaijnathpur, P.S.- Kudra, Dist- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46821 of 2024 Arising Out of PS. Case No.-417 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.
Rinku Devi @ Rinku Kumari W/O Rahul Bind R/O Village-Kukuradh, P.S.- Bhabhua, Distt-Kaimur at Bhabua 2.
Seema Devi W/O Mahabir Bind R/O Village-Mithapur, P.S.-Bhabhua, DisttKaimur at Bhabhua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 31928 of 2024) For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP (In CRIMINAL MISCELLANEOUS No. 46821 of 2024) For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-08-2024
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail apprehending their arrest in connection with Kudra P.S. Case no.417 of 2023 registered for the offence punishable under sections 302, 304B and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.31928 of 2024(3) dt.30-08-2024 2/3
3. As per the prosecution case, the daughter of the informant was married to the brother of the petitioners herein. It is stated that soon after the marriage, the husband of the informant's daughter as also the family members including the petitioners herein started to torture the informant's daughter and she was ultimately killed.
4. Learned counsel for the petitioners submits that the petitioners, who are the devar and nanad of the deceased, having been falsely implicated in the case. They have no concern with the family affairs of the deceased and her husband and the husband of the deceased is in custody. Co-accused Kachahari Bind and Chankumari Devi @ Chan Kumari Devi have both been enlarged on regular bail vide order dated 4.4.2024 passed in Cr. Misc. no.21484 of 2024. The petitioners have no criminal antecedent and undertake to cooperate in the case. With respect to the petitioner Mannu Kumar, it is submitted that it has transpired in course of investigation that he lives in Sasaram for his studies. With respect to the petitioners Rinku Devi and Seema Devi, it is submitted that both of them are married and living in their sasural.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.31928 of 2024(3) dt.30-08-2024 3/3 taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, the husband of the deceased being in custody, grant of bail to the above named two co-accused vide order dated 4.4.2024 and the petitioners, who are devar and married nanad of the deceased, not having any criminal antecedent, it is directed that all the three petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kudra P.S. Case no.417 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sub-divisional Court, Mohania, Kaimur at Bhabua, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Partha Sarthy, J) Saurabh/- U T