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Patna High CourtCR. MISC./55328/2023bail granted

Mannu Kumar v. The State Of Bihar

2023-08-31Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55328 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- MAHILA P.S District- Supaul ====================================================== Mannu Kumar S/O Heera Prasad Sah R/O Village- Rampur, Ward No. 03, Ps. Sour Bazar, Dist. Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanjan Devi D/O Vaidyanath Sah, W/O Mannu Kumar R/O VillageTulapatti, P.O. Tulapatti, Ward No. 11, Ps. Pipra, Dist. Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Supaul Mahila P.S. Case No. 18 of 2022 dated 09.04.2022 registered for the offences punishable u/ss 498A, 341, 323, 494, 504, 506 and 379 read with section 34 of the Indian Penal Code and 3⁄4 of the Dowry

Patna High Court CR. MISC. No.55328 of 2023(2) dt.31-08-2023 2/3 Prohibition Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured and tried to burn the informant and her child by sprinkling kerosene oil due to non-fulfillment of demand of Rs. 3 lakhs and a motorcycle as dowry. It is further alleged that the petitioner contracted second marriage with one Nanki Kumari.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. The petitioner has two other criminal cases and he is on bail in the said criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Supaul Mahila P.S. Case

Patna High Court CR. MISC. No.55328 of 2023(2) dt.31-08-2023 3/3 No. 18 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T