Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66342 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- NAUHATTA District- Rohtas ====================================================== Manish Kumar Son of Mukhut Paswan R/o vill - Anandi Chak, P.s. - Nauhatta, Distt. - Rohtas ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Reema Devi D/O Shyam Raj Paswan, W/O Manish Kumar R/O Vill - Sarki, P.S. - Kandi, Distt. - Garhwa (Jharkhand) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307, 498A, 494, 341, 323, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner is the husband of the informant and he along with other co-accused persons entered her house and started assaulting her then this
Patna High Court CR. MISC. No.66342 of 2023(3) dt.03-01-2024 2/3 has been lodged. It is further alleged that the petitioner has performed second marriage with co-accused Kavita Devi.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. He submitted that petitioner is the husband of the informant and marriage was solemnized between them the year 2012 and out of their wedlock one child was born but when the petitioner went to Gujrat for earning his livelihood, the informant went to her parental house in the year 2014. He further submitted that when petitioner went to his matrimonial house, the informant refused to go with him and on 17.12.2020 the informant filed Complaint Case No. 1939/2020 against the petitioner and others under Sections 323, 341, 379, 307, 498A, 504/34 of the IPC, which was dismissed for non-prosecution. He is languishing in judicial custody since 19.04.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged
Patna High Court CR. MISC. No.66342 of 2023(3) dt.03-01-2024 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Dehrion-sone, Rohtas in connection with Nauhatta P.S. Case No. 63 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T