Manibhushan Kumar @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59283 of 2019 Arising Out of PS. Case No.-229 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== MANIBHUSHAN KUMAR @ MANISH KUMAR, aged about 28 years, Male, S/o Yugal Jha @ Yugal Kishore Mishra, Resident of Village- Kasha, P.S.- Baruni, District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Nagendra Kumar, Adv.

For the Opposite Party :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 19-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Barauni P.S. Case No. 229 of 2019 for the offences alleged under Sections 341, 342, 323, 504, 506, 363 and 365 of the Indian Penal Code.

The accusation is that while the informant, Shiv Chandra Kumar, had gone for lamination of his certificates at Malhipur Chowk, at that time, Randhir Kumar, Dhramveer Kumar and Mithilesh Kumar came boarding in a Maruti Swift Dezire car of petitioner and they forcibly tried to put the informant in the car. When the informant made protest, then, he was slapped and on the point of pistol Dharamveer Kumar and Randhir Kumar folded the gamchha in the neck and put him in the car and carried him at Tajpur Diara and kept in the room in the night where Kapildeo Yadav, Shyam Yadav and Kamdeo Yadav, all sons of Baudhu Yadav, came and took him from room and asked to prepare for marriage ceremony. When the informant refused, then, all caused assault to

Patna High Court CR. MISC. No.59283 of 2019(2) dt.19-09-2019 2/2 him through fists and slaps, forcibly, by his hand vermilion was put at the head of Puja Kumari, thereafter, he was again locked in the room. Any how in the morning on the pretext of call of nature the informant fled away.

The submission of the learned counsel for the petitioner is that it would appear from the first information report that petitioner is named in the first information report with allegation that car of the petitioner was used for the purpose of kidnapping of informant for the purpose of marriage with Puja Kumari, but, the petitioner has no any car. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Barauni P.S. Case No. 229 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T