Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78327 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== MANISH KUMAR S/o Late Vijay Ray R/o village- Situdhri, P.S.- Narayanpur, District- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila (Bhojpur) P.S. Case No. 122 of 2019, registered for the offence punishable under sections 341, 323, 376 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per allegation in the F.I.R., with the assistance of the petitioner, the informant entered into marriage with one Golu Kumar on 03.03.2019. It is stated that Golu Kumar resided in the house of the informant for 25 days thereafter the petitioner reached there and took him away.

Patna High Court CR. MISC. No.78327 of 2019(2) dt.18-02-2020 2/3 Thereafter Golu Kumar did not return. Subsequently he communicated the demand of the members of his family of a motorcycle and Rs. 2,00,000/- by way of dowry. It is submitted by learned counsel for the petitioner that from the FIR itself it would be evident that Golu Kumar was married to the informant and the petitioner has been implicated only for the reason that he happened to be a friend of Golu Kumar. No specific overt act has been alleged against this petitioner. It is further stated that petitioner has no criminal antecedent.

Having heard the facts and circumstances of the case and taking into consideration the nature of allegation in the FIR and the petitioner having no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. He is directed to surrender in the court below within a period of six weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bhojpur at Ara in connection with Mahila (Bhojpur) P.S. Case No. 122 of 2019, subject to

Patna High Court CR. MISC. No.78327 of 2019(2) dt.18-02-2020 3/3 the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T