Manjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 28576 of 2017 Arising out of P.S. Case No. -801 Year- 2016 Thana - SASARAM NAGAR District- SASARAM (ROHTAS) ============================================== Manjeet Kumar, Son of Manoj Kumar Singh @ Manoj Kumar Resident of Village-Nayaka Gaon, P.S.-Sasaram Town, DistrictRohtas. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ============================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar Seth, Adv. For the Opposite Party/s: Mr. Umesh Lal Verma, APP. ============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
02. 06.07.2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 306, 496, 498A and 493 of the Indian Penal Code.
It appears from the FIR that the daughter of the informant died on 05.06.2016 and subsequently, after death, a suicide note was found by the informant. However, in the suicide note, she has not taken the name of boy who was blackmailing her and had performed court marriage with her. The informant somehow got the relevant paper which shows the court marriage of her daughter along with the petitioner Manjeet Kumar and,
Patna High Court Cr.Misc. No.28576 of 2017 (2) dt.06-07-2017 therefore, he has lodged the police case.
It is contended that in fact the court marriage was performed between the informant's daughter and the petitioner as there was love affair between them. However, since she was not allowed to lead conjugal life with the petitioner, a petition under Section 9 of the Hindu Marriage Act was filed by the petitioner before the Principal Judge, Family Court, Rohtas at Sasaram being Matrimonial Case No. 103 of 2015 for restitution of conjugal right. The application has been appended as Annexure-P/2 and appears to have been filed in the month of June, 2015, i.e., prior to the date of death of the girl. Immediately after the death of the girl, the petitioner filed a Complaint Case No. 640 of 2016 on 08.07.2016 mainly allegation against the father of girl which was later on sent to the police for investigation and eventually Sasaram Town P.S.
Case No. 956 of 2016 was registered on 21.08.2016. It is further contended that, after such actions having been taken, the father, in retaliation, has lodged the present First Information Report against the petitioner after about nine days of the death of the petitioner even after filing of complaint case making allegation against him for killing his wife, a copy of which has been appended as part of Annexure-3 alleging that it is a case of honour killing.
Patna High Court Cr.Misc. No.28576 of 2017 (2) dt.06-07-2017 Be that as it may, having regard to the facts and circumstances of the case, let the petitioner, namely, Manjeet Kumar be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Sasaram Town P.S. Case No. 801/2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
Vikash/- (Dr. Ravi Ranjan, J.) U T