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Patna High CourtCR. MISC./62072/2023allowed

Manish Kumar @ Manish Kumar Singh v. The State Of Bihar

2024-01-30Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62072 of 2023 Arising Out of PS. Case No.-6 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Manish Kumar @ Manish Kumar Singh Son of Sri Ram Naresh Singh, Resident of Village- Simari Ps- Vidyapati Nagar Dist- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

:

Mrs. Vaishnavi Singh, Advocate.

:

Mr. Ritwik Thakur, Advocate.

For the Opposite Party/s :

Mr. Murli Dhar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Vidyapatinagar P.S. Case No.06 of 2022, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per prosecution case, the accused persons including the petitioner who are family members killed the elder sister of informant on account of non-fulfillment of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the informant has falsely alleged about the demand and torture by the petitioner or his family members. He also submits that after the occurrence the informant was called and with the mala-fide intention he has lodged the case against the petitioner and his family members. Learned counsel submits that

Patna High Court CR. MISC. No.62072 of 2023(4) dt.30-01-2024 2/2 petitioner was not residing in the village and was working in Gumla Project Division. He further submits that only on the basis of suspicion petitioner has been named in this case and the fact that the petitioner was residing at Gumla was also verified by the Investigating Officer and the witnesses have also supported the said fact. He also submits that petitioner has no criminal antecedent, he is in custody since 21.07.2023 and there is no chance of absconding the petitioner or tampering with the prosecution evidence and undertakes to cooperate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Dalsinghsarai, District Samastipur in connection with Vidyapatinagar P.S. Case No.06 of 2022. (Sunil Dutta Mishra, J) Ritik/- U T