Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15332 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- MASAUDHI District- Patna ====================================================== KUNDAN KUMAR Son of Late Vijay Ram Resident of Village - Gopalpur, Mathiya, Police Station - Malsalami, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-04-2021 Heard Mr. Arvind Kumar Mouar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Masaurhi P.S. Case No. 143 of 2020 registered for the offence under Section 498(A) of the I.P.C. and Section 3⁄4 of the D.P. Act.

The allegation against the petitioner as per the First Information Report is that marriage of the informant was solemnized with the petitioner in the year 2016 and it has been alleged that for want of dowry the petitioner tortured the informant mentally and physically and ousted her just after four days of the marriage from her matrimonial home and since then she is residing in her parental home.

Patna High Court CR. MISC. No.15332 of 2021(2) dt.26-04-2021 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case in retaliation to a divorce case filed by the petitioner against the informant bearing Matrimonial (Divorce) Case No. 172 of 2020 and thereafter the present false and concocted F.I.R. has been lodged inasmuch from perusal of the First Information Report itself it appears that the informant has been residing in her matrimonial home since 2016 but the present F.I.R. has been lodged after a lapse of about 04 years in the year 2020 that too after filing of the divorce case by the petitioner. Learned counsel next submits that petitioner is in custody since 17.06.2020 and the present case is triable by Magistrate.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the nature of allegation and the fact that the present F.I.R. has been lodged after filing of the divorce case by the petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi at Patna in

Patna High Court CR. MISC. No.15332 of 2021(2) dt.26-04-2021 3/3 connection with Masaurhi P.S. Case No. 143 of 2020. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T