Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42058 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- PATNA RAIL P.S. District- Patna ====================================================== MANISH KUMAR SON OF ANIL CHANDRAVANSHI @ ANIL KUMAR RESIDENT OF VILLAGE - KORIYAMAGARH, P.S. - MASAURHI, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 306 of the Indian Penal Code in connection with G.R.P. Patna P.S. Case No.39 of 2024.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his sister was married to the petitioner on 11.06.2023, thereafter, it is alleged that the petitioner after sometimes of the marriage fled with another women, on account of which his sister got mentally disturbed and thereafter the petitioner even stopped talking to her, on account of which she got more disturbed and thus committed suicide.

Patna High Court CR. MISC. No.42058 of 2024(2) dt.25-07-2024 2/3

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case and thereafter draws the attention of the Court to Annexure-P/2 Series, which is the medical report of All India Institute of Medical Sciences, Patna of the deceased to show that deceased was mentally disturbed prior to marriage for which she was being treated.

5. The learned counsel next submits that informant in the FIR FIR falsely alleges that the petitioner fled with another women on account of which the deceased got mentally disturbed and thereafter committed suicide, it is submitted deceased was suffering from before and was harbouring suicidal tendencies. It is also submitted that petitioner will cooperate in the investigation to prove his innocence.

6. The learned APP opposes the anticipatory bail application.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.42058 of 2024(2) dt.25-07-2024 3/3 satisfaction of the learned R.J.M., Patna in connection with G.R.P. Patna P.S. Case No.39 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation or is not presenting himself when required, in that event, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner after recording reasons. It is further made clear that in the event if charge sheet is submitted connecting the petitioner with the offence, in that event, the present anticipatory bail order shall loose its effect.

9. Let a copy of this order be sent to the concerned P.S. through the learned Trial court.

10.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T