Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32361 of 2018 Arising Out of PS. Case No.-240 Year-2017 Thana- SAHPUR District- Patna ====================================================== Manish Kumar, Son of Dhaneshwar Singh, resident of Village- Nawada, Police Station- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-07-2018 Heard learned senior counsel Mr. Ramakant Sharma for the petitioner and learned counsel Mr. Panchanand Pandit for the State.

The petitioner is in custody since 07.11.2017 in connection with Shahpur P.S. Case No. 240 of 2017 for the offence registered under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier the mother-in-law of the lady had filed a sanha and the same allegations were levelled against the brother-in-law of the wife of the deceased and thereafter against the present petitioner and the son of the informant does not seen to have made any complaint in the past regarding the bad conduct of his wife as has been alleged in the complaint. It is further submitted that only on the basis of

Patna High Court Cr.Misc. No.32361 of 2018(3) dt.02-07-2018 2/3 the suspicion, the petitioner is languishing in jail. Case diary in the present case was called for, which has since been received.

Learned counsel for the State after perusing the case diary submits that save and except suspicion there is no material against the petitioner to connect with the incident. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur, in connection with Shahpur P.S. Case No. 240 of 2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

Patna High Court Cr.Misc. No.32361 of 2018(3) dt.02-07-2018 3/3

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) khushbu/- U T