Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53168 of 2017 Arising Out of PS.Case No. -26 Year- 2016 Thana -KINJAR District- JEHANABAD ======================================================

1. Manish Kumar, son of Rajendra Sao @ Rajendra Prasad Sao, Residence of Village- Khemkaran Sarai, Kurtha, P.S.- Kurtha, Dist.- Arwal. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rashmi Kumari Mandilwar For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 323, 379, 354(B), 498(A)/34 of the Indian Penal Code. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.07.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The case is triable by the Magistrate. The petitioner has falsely been implicated in the present case. The petitioner is Devar of the victim. He is separate

Patna High Court Cr.Misc. No.53168 of 2017 (2) dt.09-11-2017 2/2 in mess and property from the husband of the victim. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R/Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Arwal, in connection with Kinjer P.S. case No.26 of 2016. (Sudhir Singh, J) Amit/- U T