Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31292 of 2025 Arising Out of PS. Case No.-434 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
Manish Kumar S/o Arjun Singh R/o Village- Chandipur, P.S.- Warsaliganj, District- Nawada 2.
Neetu Devi W/o Manish Kumar R/o Village- Chandipur, P.S.- Warsaliganj, District- Nawada 3.
Arjun Singh S/o Late Kailash Singh R/o Village- Chandipur, P.S.- Warsaliganj, District- Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sintu Kumar S/o Ajay Prasad R/o Village- Sirari, P.S.- Sirari, DistrictSheikhpura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP For the Informant :
Mr. Rajesh Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2025 Heard Mr. Binay Kumar, learned counsel for the petitioners, Mr. Rajesh Ranjan Kumar, learned counsel appearing on behalf of the informant as well as Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Warsaliganj P.S. Case No. 434 of 2024, F.I.R. dated 19.10.2024 for the offences punishable under Sections 103(1), 85 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. According to prosecution case, informant alleged
2/4 that all the accused persons including these petitioners have killed the sister of the informant due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R. Petitioner no. 1 is brother-in-law, petitioner no. 2 is sisterin-law and petitioner no. 3 is father-in-law of the deceased. In fact, the deceased had committed suicide herself. He further submits that it has come during investigation in the paragraph no. 10 of the case diary where the statement of the daughter of the victim was recorded in which she has categorically stated that some altercation took place between her father and mother (deceased) and her mother consumed poison and died.
He further submits that in view of the statement of the deceased's daughter it appears that the petitioners have been falsely implicated in the present case merely on the ground that they are in-laws of the deceased and apart from that the marriage between the deceased and her husband was performed 12 years ago.
3/4
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances that the petitioners have clean antecedent, they are in-laws of the deceased and it has come during investigation that the deceased had committed suicide herself, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Waraliganj P.S. Case No. 434 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i.
Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii.
4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T