Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15722 of 2021 Arising Out of PS. Case No.-58 Year-2019 Thana- JAMALPUR District- Munger ====================================================== BINAY KUMAR S/o Ram Naresh Ram R/o village- Chhoti Keshopur (Near Toril Mandal School), P.S.- Jamalpur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jamalpur P.S. Case No. 58 of 2019 registered under Sections 498(A), 341, 323, 504, 506/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Earlier, Avinash Kumar, husband of the informant has filed petition for restitution of conjugal life, which was decided in favour of him, as contained in Annexure-2 to the application. Further he submits that petitioner was also one of the witnesses in Matrimonial Case (Annexure-3). The petitioner was present on duty on the date when the allegation

Patna High Court CR. MISC. No.15722 of 2021(2) dt.20-12-2021 2/2 was levelled. It is also contended that petitioner has solemnized the marriage with one Jyoti Kumari, in this regard Marriage Certificate was issued as Annexure-5.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Judicial Magistrate, 1st Class, Munger in connection with Jamalpur P.S. Case No. 58 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U T