Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1971 of 2017 Arising Out of PS.Case No. -531 Year- 2016 Thana -SUPAUL District- SUPAUL ======================================================

1. Manish Kumar, son of Radheshyam Mandal, resident of Village- Vina, P.O.- Vina, P.S.+District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrit Abhijat, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Supaul P. S. Case No. 531/2016 registered for the offence under Sections 307, 324, 363, 511, 341, 354 and 120 (B) of the Indian Penal Code. Allegedly, the petitioner and other co-accused on motorcycle surrounded the sister of the informant and her brotherin-law (Jija) and on protest, the petitioner took out a Dabia from the dicky of his motorcycle and started assaulting her, causing injury on her left hand and chest. However, after seeing the assembling nearby person, two motorcycle persons including the petitioner fled away and two were arrested namely, Prakash

Patna High Court Cr.Misc. No.1971 of 2017 (4) dt.17-02-2017 2/2 Kumar and Nitesh Kumar.

Submission is of false implication, that in this case prayer for bail of co-accused Prakash Kumar and Nitesh Kumar have already been allowed by the Court below itself and case of the petitioner is on similar footing to which the learned A.P.P. duly assisted by learned counsel for the informant seriously opposed by submitting that the petitioner has assaulted the sister of the informant and the statement of the sister of the informant has been recorded under Section 164 of the Cr. P.C. wherein she has also named the petitioner and stated that the petitioner has committed overt act and caused threat to her life and prestige is in danger at the hands of the petitioner and others. Considering the allegation attributed against the petitioner, this Court is not persuaded to release the petitioner on bail, accordingly, his prayer of bail stands rejected. (Jitendra Mohan Sharma, J) Sudha/- U T