Patna High CourtCR. MISC./68187/2024bail granted

Manoj Kumar v. The State Of Bihar

2024-09-13Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68187 of 2024 Arising Out of PS. Case No.-442 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== Manoj Kumar Son of Shyam Kumar Mandal Resident of Village- Pathara, PS Pipra Distt.- Supaul, Presently residing at Bajar Samiti Main Road, Tapiwan Colony, Police Station- Bahadurpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Bahadurpur P.S. Case no. 442 of 2022 registered under section 304B of the Indian Penal Code.

3. As per the prosecution case, the informant states that her daughter was married to the petitioner herein. While the petitioner used to live in Bazar Samiti in a lodge and prepare his teachers training, her daughter was residing in the hostel of the Nalanda Medical College and Hospital in Patna and undergoing training of GNM Nurse. It is stated that the informant received information on telephone that her daughter had been strangulated to death and she had been taken by the petitioner to the Nalanda Medical College and Hospital. On reaching there,

Patna High Court CR. MISC. No.68187 of 2024(2) dt.13-09-2024 2/3 she found her daughter to have died. It is further stated that her son-in-law has an extra martial relationship with one another girl. It is finally stated that even on earlier occasion, her daughter was tortured by the petitioner for dowry.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 16.4.2024 (Annexure-1) passed in Cr. Misc. no. 86283 of 2023 giving liberty to the petitioner to renew his prayer for bail after four months or on framing of charge, whichever is later. Referring to the order of the learned trial Court, it is submitted that charge has been framed on 7.5.2024. The petitioner is in custody since 15.6.2023 and undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the liberty granted in the earlier order of rejection dated 16.4.2024, his not having any criminal antecedent, charge having been framed in the learned trial Court on 7.5.2024 and the petitioner having remained in custody for more than a year since 15.6.2023, the petitioner is directed to be enlarged on bail in connection with Bahadurpur P.S. Case no. 442 of 2022 on

Patna High Court CR. MISC. No.68187 of 2024(2) dt.13-09-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV, Patna City, Patna.

(Partha Sarthy, J) Harsh/- U T