Manoj Rai @ Manoj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35762 of 2023 Arising Out of PS. Case No.-460 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Manoj Rai @ Manoj Kumar Rai Son Of Ram Ekbal Rai @GANAURI Rai Resident Of Village-Dighi Kala Near Ramashish Chowk, Ps- Hajipur Sadar, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner is of committing murder of his wife by strangulating her neck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the F.I.R. but during the course of investigation petitioner has been made accused in the present case. The petitioner is the husband of the deceased. He further

Patna High Court CR. MISC. No.35762 of 2023(3) dt.29-08-2023 2/2 submits that the statement of the daughter of the deceased was recorded by the police, in which she has not supported the prosecution case. He also submits that there is no ample evidence against the petitioner in the case diary. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hajipur Sadar P.S. Case No. 460 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T