Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30914 of 2025 Arising Out of PS. Case No.-283 Year-2024 Thana- SARMERA District- Nalanda ====================================================== 1.
Manish Kumar S/o Ramjanam Yadav R/o Village- Husaina, P.S.- Sarmera, District- Nalanda 2.
Sulekha Kumari D/o Ramjanam Yadav R/o Village- Husaina, P.S.- Sarmera, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :
Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard Mr. Raj Kishor Prasad, learned counsel for the petitioner and the State.
2. The petitioners are apprehending arrest in connection with Sarmera P.S. Case No. 283 of 2024 instituted under Sections 80(2), 3(5) of BNS, 2023 of the Indian Penal Code lodged on 19.12.2024 by the informant, Ajay Yadav.
3. As per the prosecution story, the informant alleged that his daughter was married to Ravish Kumar but was tortured for dowry and on 17.12.2024, the informant received information about her death.
4. Learned counsel for the petitioners submit that both these petitioners are younger brother-in-law/sister-in-law,
Patna High Court CR. MISC. No.30914 of 2025(2) dt.20-05-2025 2/3 students, only to round off entire family members, they have been named. Further, the order of the learned Sessions Judge would show that the reason for the death is asphyxia due to hanging.
5. Learned APP opposes the prayer submitting that the death took place within a year of marriage.
6. Considering the submissions of the parties as also that the fact that these petitioners are young brother-inlaw/sister-in-law (dewar and nanad), students, have no criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Sarmera P.S. Case No. 283 of 2024 to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member of the petitioners who shall provide official document to show
Patna High Court CR. MISC. No.30914 of 2025(2) dt.20-05-2025 3/3 his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T