Manoj Kumar @ Rajeev Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47537 of 2019 Arising Out of PS. Case No.-282 Year-2018 Thana- MOKAMAH DistrictPatna ====================================================== 1.

MANOJ KUMAR @ RAJEEV RANJAN KUMAR, aged about 23 years, male, Son of Rajendra Prasad @ Rajendra Prasad Verma Resident of Kukurwar, P.S.-Telhara, District-Nalanda.

2.

Rajendra Prasad @ Rajendra Prasad Verma, aged about 65 years, male, Son of Ganpuri Prasad Verma Resident of Kukurwar, P.S.-Telhara, District-Nalanda.

3.

Anil Kumar, aged about 53 years, Son of Baidnath Sao Resident of Bharthu, P.S.-Telhara, District-Nalanda.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Rani Kumari W/o Saroj Kumar and daughter of Late Amit Kumar Verma Resident of Kukurwa, P.S.-Telhara, District-Nalanda. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Anita Kumari Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 498A, 323, 379 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Mokama P.S. Case No. 282 of 2018.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to the brother-in-law, father-in-law and maternal uncle-in-law of the informant. As a matter of fact, the petitioner nos. 1 and 2 earn their livelihood outside of the village while petitioner no. 3 is a resident of different village. This is the first complaint of its nature since the

Patna High Court CR. MISC. No.47537 of 2019(2) dt.31-07-2019 2/2 informant was married about two and half years earlier. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri M. Kumar, learned Judicial Magistrate Ist Class, Barh, Patna in connection with Mokama P.S. Case No. 282 of 2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T