Manish Kumar @ Boby v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1695 of 2021 Arising Out of PS. Case No.-387 Year-2019 Thana- PALIGANJ District- Patna ====================================================== MANISH KUMAR @ BOBY, Son of Late Amir Lal Yadav Resident of Village- Madhma (Madhwa), P.S.- Paliganj, Distt- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the informant :

Mr. Shivnandan Bharti, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 04.01.2021, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner, learned counsel appearing on behalf of informant and the learned A.P.P. for the State through video conferencing.

The petitioner apprehends his arrest in connection with Paliganj P.S. Case no. 387 of 2019, registered under Sections 304(B)/34 and 201 of the Indian Penal Code. The accusation is of killing of the daughter of informant by her husband and in-laws due to non-fulfillment of demand of dowry and disappeared her dead-body. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.1695 of 2021(2) dt.07-09-2021 2/2 petitioner is the brother-in-law of the deceased, daughter of informant. Further submission is that while the petitioner is named in the F.I.R., but no overt act has been attributed in respect to harassment to the deceased for demand of dowry. Moreso, Vinesh Kumar, husband of deceased, daughter of informant, is in custody. Further submission is that Shanti Devi, mother-in-law of deceased, has already been granted privilege of pre-arrest bail by a co-ordinate Bench of this Court on 25.02.2020 passed in Criminal Miscellaneous No. 1307 of 2020. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 387 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T