Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29740 of 2020 Arising Out of PS. Case No.-145 Year-2018 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== MANOJ KUMAR, aged about 33 years, Male, Son of Rameshwar Singh, Resident of Naya Tola, P.S.- Muffasil, District- Katihar. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Ajit Kumar Singh, Advocate.
For the Opposite Party :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence registered under Sections 302, 201, 498(A)/34 of the I.P.C. The prosecution story, in brief, is that the accused persons including the petitioner subjected the daughter of the informant, namely, Kusum Devi, to cruelty and torture both mentally and physically due to non-fulfilment of dowry demand of Rs. 2,00,000/-. It has been alleged that on 18.06.2018 the informant received information that all the accused persons killed his daughter and thrown her on the Railway Track, and
Patna High Court CR. MISC. No.29740 of 2020(3) dt.11-01-2021 2/3 later, her dead body was recovered from N.H. 31, Maheshkhut, Khagaria.
Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 24785 of 2019 under order dated 22.05.2019 by the then a Co-ordinate Bench of this Court, annexed as Annexure-1 to the bail application.
A report was called for from the learned court below. It has been reported that the case has not been committed to the Court of Sessions.
It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 21.06.2018. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Neither there is any eye witness to the alleged occurrence nor there is any substantive evidence to suggest the implication of the petitioner in the present case. There is no chance of trial being concluded in near future. From perusal of Annexure-3, it is evident that it is a case of accidental death as the deceased suddenly jumped in front of the Train in between Katihar and Dandkhora Railway Station while the Train was moving.
Patna High Court CR. MISC. No.29740 of 2020(3) dt.11-01-2021 3/3 On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist, Katihar in connection with Muffasil P.S. Case No. 145 of 2018.
(Sudhir Singh, J) U.K./- U T