Manish Kumar @ Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.837 of 2023 Arising Out of PS. Case No.-6 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Manish Kumar @ Manish Kumar Singh Son Of Sri Ram Naresh Singh Resident Of Village And P.O.- Simari, P.S.- Vidyapati Nagar, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Aditi Singh, Adv.

For the State :

Mr.Binod Kumar, APP For the Informant Mr. Y.C. Verma, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner, learned senior counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Petitioner is said to have committed murder of the sister of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is the husband of the deceased and on alleged date of occurrence, he was not present at the place of occurrence. He submits that there is general and omnibus allegation levelled against the petitioner. He submits

Patna High Court CR. MISC. No.837 of 2023(3) dt.19-06-2023 2/2 that no external injuries were found on the body of the deceased which suggest that she committed suicide by hanging herself. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned senior counsel for the informant opposed the prayer for bail and submitted that the deceased died within three years of marriage. It is also submitted that the provision under Section 83 of the Cr.P.C. has been issued against the petitioner. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Vidyapati Nagar P.S. Case No. 06 of 2022. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that there is no ample evidence against the petitioner in the case diary.

(Anjani Kumar Sharan, J) devendra/- U T