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Patna High CourtCR. MISC./2057/2023allowed

Kunal Kumar Yadav @ Santosh Yadav @ Kunal Kumar v. The State Of Bihar

2024-01-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2057 of 2023 Arising Out of PS. Case No.-163 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== Kunal Kumar Yadav @ Santosh Yadav @ Kunal Kumar S/o Rajeshwer Yadav R/v- Lokha, Ward No. 4, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PARWATI DEVI W/o Kunal Kumar Yadav @ Santosh Yadav @ Kunal Kumar D/o Bharat Mandal R/v- Achalpur, P.S.- Raghopur, District- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. In compliance of the earlier order of this Court, notice was sent to respondent no.2 and the same was received by father of the opposite party no.2. In this regard, a jointness petition has been filed on behalf of the petitioner.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 354(B), 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

4. Allegation against the petitioner is that he along with his family members have demanded dowry to the opposite party

Patna High Court CR. MISC. No.2057 of 2023(5) dt.29-01-2024 2/2 no.2.

5. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He next submitted that petitioner is not husband of the complainant because there is no marriage solemnized between the petitioner and opposite party no.2. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry.

6. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Raghopur P.S. Case No. 163 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

7. With the aforesaid observation and direction, this application stands disposed of.

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