Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31476 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- NAYAGAON District- Saran ====================================================== MANISH KUMAR Son of Rajendra Pandit Resident of Village - Rasulpur, P.S.- Nayagoan, Dist.- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Damodar Pd. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-01-2021 Heard Mr. Chandra Mohan Jha, learned counsel for the petitioner and Mr. Damodar Pd. Tiwary, Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Nayagaon PS Case No. 36/2020 registered for the offence punishable under Sections 341, 323, 324, 204(B), 201/34 of the IPC.

3. The allegation, as per First Information Report, is that the daughter of the informant was married to one Surendra Pandit and due to non fulfillment of demand of dowry of Rs. One Lac, the daughter of the informant has been killed and the dead body has clandestinely been disposed of by the family members of the husband who are named in the FIR. It is further alleged that when the informant along with other family

Patna High Court CR. MISC. No.31476 of 2020(2) dt.11-01-2021 2/3 members arrived at the matrimonial home of his daughter, the petitioner along with other accused persons assaulted, abused and ousted them from the village.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to oblique motive. Learned counsel further submits that offence under Section 304(B) is not made out against the petitioner inasmuch as petitioner is not one of the nine family members of the deceased, who are named named in the FIR. Learned counsel further submits that allegation against the petitioner along with others is that the petitioner allegedly abused and assaulted the informant and others when they arrived at the matrimonial home of the daughter of informant. It is also submitted that petitioner has got no criminal antecedents.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedents, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, petitioner, MANISH KUMAR shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.31476 of 2020(2) dt.11-01-2021 3/3 each to the satisfaction of learned ACJM-VI, Saran at Chapra in connection with Nayagaon PS Case No. 36/2020, subject to the conditions as laid down under Section 438(2) CrPC.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T