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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2911 of 2024 Arising Out of PS. Case No.-170 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Manish Kumar @ Manish Kumar Das S/O Upendra Das @ Doka Das R/O Village- Bhadan, P.S.- Tankuppa, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tankuppa P.S. Case No. 170 of 2023 lodged under Sections 363, 366A and 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the petitioner. The allegation against the petitioner is that he has eloped with the informant's daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the alleged victim has been recovered who has narrated her statement under section 164 of the Cr.P.C. which has been observed by the rejection order of the bail. It has been stated

Patna High Court CR. MISC. No.2911 of 2024(2) dt.31-01-2024 2/3 that there was acceptance of the victim that she went with the petitioner with her own consent with a view to marry.

5. Counsel also submits that due to intervention of the family members and well wishers, a joint petition has been filed which is Annexure-P/2 by which it has come that the informant party does not want to pursue this case further.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-III, Gaya in connection with Tankuppa P.S. Case No. 170 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.2911 of 2024(2) dt.31-01-2024 3/3 dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Prakashmani/- U T