Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27448 of 2015 Arising Out of PS.Case No. -786 Year- 2014 Thana -NAWADA District- NAWADA ====================================================== Manoj Kumar s/o Sachidanand Chaudhary Resident of village - Navin Nagar (Nawada) p.s. - Nawada, Dist - Nawada.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajni Ranjan Pd. Singh, Advocate. For the Opposite Party : Mr. Md.Ataur Rahman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-09-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under section 304 (B) of the I.P.C The younger sister of the informant, namely, Renu Devi was married with Sanjeev Kumar @ Sanju on 30.11.2014 and after three days of marriage the husband and the family members started demanding Rupees five lacs and due to non fulfillment started torturing her mentally and physically and thereafter on 19.12.2014 the husband informed that the room of Renu Devi was locked and when the informant went there he came to know that the dead body of his sister was sent to hospital by the police. It is alleged that the sister has been killed by pressing her neck and to give colour of suicide her dead body was hanged.

Patna High Court Cr.Misc. No.27448 of 2015 (3) dt.23-09-2015 2/2 Submission is of false implication and that the petitioner is Bhaisur of the deceased and there is no specific allegation of torturing and demanding dowry against him. He was not present on the place of occurrence on the alleged date and time rather he was at Shambhuganj Block in Banka district where he is posted and without any fault he is suffering in custody since 21.04.2015. Husband of the deceased is also in custody. The learned A.P.P. opposes prayer for bail.

Considering that charge sheet has already been submitted and the petitioner is Bhaisur and against him there is no specific allegation and as such there being no chance of tampering with the prosecution evidence, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Nawada in Nawada Town P.S. Case No. 786 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T