Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24064 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -KADAMKUAN District- PATNA ====================================================== Manish Kumar, S/o Subodh Kumar @ Munna, resident of Naya Tola, Near P.N. Anglo School, P.S.- Pirbahor, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bhaskar Shankar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.01.2018 in connection with Kadamkuan P.S. Case No. 04 of 2018 for the offences alleged under Sections 304(B)/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and in any event the allegations of demand and torture are general and omnibus in nature without any specific allegation being made against the present petitioner who has been implicated merely because he happens to be the brother of the husband of the deceased. The petitioner is living separately with his parents and had no concern with their day to day affairs of the deceased and her husband. Even according to the F.I.R. it becomes apparent that it is a case of suicide by the deceased lady.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.24064 of 2018 (2) dt.27-04-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Patna, in connection with Kadamkuan P.S. Case No. 04 of 2018, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T