Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49168 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -NADI P.S. District- PATNA ======================================================

1. Manish Kumar, Son of Sri Dina Thakur, Resident of Village- Samaspur (Jafarabad), Fatuha, Police Station- Nadi Thana Fatuha, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lalan Kumar For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Fatuha Nadi P.S. Case No. 30 of 2017 instituted for the offence under Section-302/34 of the Indian Penal Code.

It has been submitted that this is a case of love affairs. As per written report, the brother of the informant namely Raushan Kumar wanted to marry with Puja Kumari who was Nanad of his sister Nishu Kumari but her marriage was settled somewhere else and on account of which, he hanged himself.

In the written report, it is alleged that Bahnoi of the informant (petitioner) informed the informant that brother of the informant had hanged himself. The informant has raised suspicion against this petitioner. In this manner, only suspicion has been raised against the petitioner.

Patna High Court Cr.Misc. No.49168 of 2017 (4) dt.06-11-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Fatuha Nadi P.S. Case No. 30 of 2017 to the satisfaction of learned Judicial Magistrate, Patna City subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T