Manish Kumar @ Monu @ Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66967 of 2021 Arising Out of PS. Case No.-392 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MANISH KUMAR @ MONU @ MONU KUMAR Son of Late Lallu Prasad Resident of Mohalla - Yadupatti Road, New Bazar, Police Station - Nagar (Town) (Muzaffarpur), District - Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 447, 448, 307, 325, 504, 354, 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that by order dated 20.07.2022, the informant was permitted to be added as Opposite Party No. 2 and thereafter notices were issued. It is next submitted that from perusal of the Office Report it would manifest that the ordinary notice was validly served on O.P No. 2 but the O.P No. 2 despite receiving notice has chosen not to appear as such no one represents her.
Learned counsel for the petitioner further submits that though it is a case instituted under Section 341, 323, 447, 448, 307,
Patna High Court CR. MISC. No.66967 of 2021(6) dt.17-11-2022 2/2 325, 504, 354, 341 and 34 of the Indian Penal Code but then the case has its genesis in a case instituted by the informant against her husband and father-in-law including the petitioner being Complaint Case No. 144 of 2019 in the Court of learned S.D.J.M, Muzaffarpur. Learned counsel next submits that petitioner is the brother-in-law of the informant and on account of dispute of the informant with her husband, the present false case has been instituted. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muzaffarpur Town P.S. Case No. 392 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T