Manoj Das @ Manoj Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63403 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Manoj Das @ Manoj Kumar Das, S/o Raghunandan Das, R/o VillageLatauna Uttar, Ward No. 15, Nagar Parishad, PS- Triveniganj, Dist- Supaul, State- Bihar- 852139 ... ... Petitioner

Versus

1.

The State of Bihar 2.

Anita Devi, Wife of Manoj Kumar @ Manoj Kumar Das, R/o VillageLatauna Uttar, Ward No. 15, Nagar Parishad, PS- Triveniganj, Dist- Supaul, State- Bihar- 852139 ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Kuldeep Kumar, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 498A, 341, 323, 379, 506, 354B, 494/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Allegation against the accused persons including the petitioner is of committing torture upon the victim due to nonfulfilment of demand of dowry and ultimately ousted her from her matrimonial home. Further allegation is that the petitioner performed second marriage with another lady.

4. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.63403 of 2023(2) dt.10-10-2023 2/2 the petitioner is in custody since 03.06.2023. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned court below/court concerned in connection with Triveniganj P.S. Case No. 111 of 2023.

(Sudhir Singh, J) rohit/- U T