Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47578 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Manish Kumar, Son of Ram Sogarth Mahto R/o Village - Agrail, P.S.- Baligawan, District - Vaishali.

... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Kumari Jyoti, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Baligaon (Vaishali) P.S. Case No. 27 of 2023 registered for the offences punishable under Sections 341, 323, 504, 506, 307, 498A, 285/34 of the Indian Penal Code. He has got no criminal antecedent.

3. As per the prosecution story, on 02.12.2022 the informant was married to one Satish Kumar. After living for ten days in her matrimonial house, the informant went to her parent's house. On 26.01.2023 the informant returned to her matrimonial house where after few days, her in-laws along with the FIR named accused persons started demanding four-wheeler vehicle, refrigerator and washing machine from her parents. On 22.02.2023 at about 07:00 A.M. when the informant went to

Patna High Court CR. MISC. No.47578 of 2023(2) dt.11-08-2023 2/3 cook food, the FIR named accused persons stopped her and put kerosene oil on her and tried to burn her. When she raised hulla, her neighbours and her husband came to rescue her and she was admitted in a hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is the brother-in-law of the informant and he claims to be handicapped suffering from permanent disability of his lower limb. It is further submitted that this petitioner lives separately from the family of the informant for last ten years.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the fact that the petitioner is the brother-in-law of the informant, he claims that he is handicapped suffering from permanent disability of his lower limb and lives separately from the family of the informant for last ten years and the informant had a love marriage with the brother of the petitioner, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Baligaon P.S. Case No. 27 of 2023 on furnishing bail bond of

Patna High Court CR. MISC. No.47578 of 2023(2) dt.11-08-2023 3/3 Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-JudgeIII -cum- A.C.J.M.- III, Vaishali, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name ofverification.

8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T