Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6125 of 2016 Arising Out of PS.Case No. -554 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================
1. Mantu Kumar S/o Anant Kumar Resident of village - Rangila Bigha, Police Station and District Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Manish Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 447, 341, 323, 307, 504, 506, 354 (A), 354 (B), 328, 385, 386, 509 and 34 of the I.P.C Allegedly, the informant was given cold drink with some intoxicant by the petitioner resulting the informant started not booking the vehicle of the petitioner and then the petitioner caused threats that some video has been prepared which will be shown to her family members and further caused threats to kill her children and then the petitioner and co-accused Vijay Kumar took Rs. 40,000/- from the informant and again started demanding the
Patna High Court Cr.Misc. No.6125 of 2016 (4) dt.20-04-2016 2/3 money.
Submission is of false implication and that the petitioner has been made accused only with a view to grab the money, the informant has lodged case against her husband and the father-in-law, from co-accused Vijay Kumar the informant has compromised the case and after investigation final form has been submitted against co-accused Vijay Kumar, without any legal and tangible material the petitioner is suffering in custody since 21.12.2015, no incriminating article has been recovered from possession of the petitioner and the petitioner has got no criminal antecedent and the informant of this case is habitual in lodging the false cases against the persons with a view to extract money, earlier she has lodged Tharthari P.S. Case No.
77 of 2015 against seven persons and has also filed complaint case against one Shiv Kumar Prasad and others under section 376 of the I.P.C and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for bail but fairly submits that against co-accused Vijay Kumar final form has been submitted and regarding the necked video Clip no tangible material has been collected which is evident from paragraph-37 of the case diary.
In the facts and circumstances as stated above, the
Patna High Court Cr.Misc. No.6125 of 2016 (4) dt.20-04-2016 3/3 petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Nalanda at Biharsharif in Bihar P.S. Case No. 554 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T