Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50797 of 2017 Arising Out of PS. Case No.-518 Year-2016 Thana- TURKAULIYA District- East Champaran ====================================================== Manoj Kumar son of Ram Nath Sahani resident of village Karamwa Diwan Toli, Police Station - Majhauliya, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar, Advocate For the State :

Mr. ASHOK KUMAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 364, 365 and 498A of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of Annexure-2, it is evident that the victim had left the house on her own will, which is the letter written by the victim to her Bhaisur. Later on the statement of the victim was

Patna High Court Cr.Misc. No.50797 of 2017(3) dt.05-01-2018 2/2 recorded under Section 164 Cr.P.C., which is nothing but tutored statement made before the Magistrate. The said fact is contradicted from the statement of the witnesses made in paras 35, 36, 37 and 38 of the case diary, in which the witnesses have stated that the victim is suffered from mental illness and she was in habit of leaving the in-laws house.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. case No.518 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T