Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49607 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- HASANGANJ District- Katihar ====================================================== MANISH KUMAR SON OF NARAYAN MAHTO R/O-KALIGANJ, P.O. AND P.S.-HASANGANJ, DISTT.-KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B), 120B of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased

Patna High Court CR. MISC. No.49607 of 2023(3) dt.11-10-2023 2/2 against the petitioner and others. He submitted that the deceased was a short temper lady and her husband was not present at the time of occurrence rather he was working in Gujarat as a labour due to that reason, she committed suicide. He submitted that no any injury or cut mark have been found on the dead body, only the black ligature mark on the neck was found in the dead body. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Hasanganj P.S. Case No. 126 of 2022. (Sunil Kumar Panwar, J) Arish/- U T