Patna High CourtCR. MISC./65726/2018bail granted

Manish Kumar v. The State Of Bihar

2018-11-02Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65726 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Manish Kumar, Son of Nand Kishore Rai @ Kishori Rai, Resident of VillageMushari Got, P.S.- Tariyani, District- Sheohar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Tariyani P.S. Case No. 91 of 2018 registered for the offence punishable under Sections 498(A)/341/323/34 of the Indian Penal Code and 3⁄4 Dowry Prohibition Act. Allegation against petitioner and other co-accused is of torturing the informant due to non-fulfillment of demand of dowry and also she was ousted from her matrimonial Home. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is still ready to keep her with full dignity and respect. Petitioner

Patna High Court Cr.Misc. No.65726 of 2018(2) dt.02-11-2018 2/2 has no criminal antecedent and he is in custody since 28.07.2018.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Tariyani P.S. Case No. 91 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the 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.

(S. Kumar, J) veena/- U T