Manoj Kumar Sharma @ Mannu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55689 of 2019 Arising Out of PS. Case No.-224 Year-2016 Thana- PURNEA SADAR District- Purnia ====================================================== MANOJ KUMAR SHARMA @ MANNU KUMAR S/o Kamaldeo Sharma R/o Sirsa, Dalan, P.S.- Muffasil, Distt.- Katihar. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunita Devi D/o- Anandi Das R/o Bhado Tola, P.S.- Muffasil, DistrictPurnia ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sadar P.S. Case No. 224 of 2016 registered for the offences punishable under Sections 498A, 315, 379, 323, 504 and 506 of the Indian Penal Code.
As per report given to the Superintendent of Police, on the basis of which the case has been lodged, the allegation against the petitioner, who happens to be husband of the informant, is that he subjected his wife to torture and cruelty, causing miscarriage of her pregnancy. Further allegation is that he tried to kill her.
Submission of learned counsel for the petitioner is that as a matter of fact she is not ready to reside with the
Patna High Court CR. MISC. No.55689 of 2019(3) dt.01-10-2019 2/2 petitioner, as such this false and concocted case has been lodged and there is no injury report available on the record to show her abortion.
Heard learned APP also, who has opposed the prayer stating that witnesses have supported the prosecution case during investigation.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. If petitioner surrenders and prays for regular bail, the same shall be considered on the basis of materials available on the record and, if possible, to be disposed of without being prejudiced by this order.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) spal/- U T