Manish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.38350 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38350 of 2017 Arising Out of PS.Case No. -32 Year- 2015 Thana -JAYRAMPUR District- SEKHPURA ======================================================

1. Manish Kumar, S/o Braj Kishore Prasad, Resident of Village- Pachaura, P.S.- Harnaut (wrongly stated as Wena), District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prasad Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 The petitioner is apprehending his arrest in connection with Jairampur P.S. Case No. 32 of 2015, registered for offences punishable under Sections 302, 201 and 120(B) of Indian Penal Code.

Allegation against the petitioner is causing death of the son of the informant.

It has been submitted on behalf of the petitioner that there is delay in lodging the complaint petition on the basis of which F.I.R was registered and after investigation police has not found the case true against the petitioner, however, the Magistrate differing with the opinion of the police has taken cognizance against the petitioner. It has also been submitted that save and except suspicion, there is nothing against the petitioner. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender

Patna High Court Cr.Misc. No.38350 of 2017 (2) dt.19-08-2017 before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -I, Sheikhpura, in connection with Jairampur P.S. Case No. 32 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T