Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36671 of 2017 Arising Out of PS.Case No. -96 Year- 2016 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================

1. Manish Kumar Son of Santosh Yadav, R/o Village- Govindpur, P.S.- Bind, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 19.02.2017 in connection with Bind P.S. Case No. 96 of 2016 for offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his sister Resham Kumari was married to the petitioner in the year 2013 but she was subjected to torture and harassment. On account of non-fulfillment of dowry she has been burnt to death by her in-laws. It has further been alleged that petitioner who is the husband objected to the said torture by her in-laws and had moved away from his parental house for his livelihood 7-8 months back.

Patna High Court Cr.Misc. No.36671 of 2017 (3) dt.19-08-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case because he is husband of the deceased. He submits that at the time of occurrence petitioner was not residing at his parental home rather he was away for his livelihood and he has no concern with the said occurrence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Nalanda at Biharsharif, in connection with Bind P.S. Case No. 96 of 2016 subject to the condition that one of the bailors would be a close relative of the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) sushma/- U T