Kunal Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.253 of 2015 Arising Out of PS.Case No. -459 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Kunal Giri .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner and learned counsel, appearing for the State.

The petitioner is in jail custody since 26-07-2014 in a case registered under Sections-498A, 323, 341, 504, 506 of the Indian Penal Code and Section-3/4 of the Dowry Prohibition Act. Admittedly, marriage of the petitioner was solemnized with the informant in the year 2010 and after marriage, the informant gave birth to a child but subsequently, relation of the petitioner and the informant became strained as a result of which, the informant lodged the present case against her husband as well as in-laws.

It would appear from perusal of the impugned order that the informant had expressed her willingness to go with the petitioner but the petitioner refused to keep the informant with him.

The contention on behalf of the petitioner is that the

Patna High Court Cr.Misc. No.253 of 2015 (2) dt.07-01-2015 2/2 informant is a short-tempered lady and after institution of this case, not only the petitioner but his parents were also sent to jail and therefore, now it is not possible to patch up the differences of the parties.

Considering the above-said facts and circumstances as well as submission of the parties, particularly, keeping in mind the period of detention of the petitioner in jail custody as well as contents of first information report, let the petitioner namedabove, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bihta P.S. Case No. 459 of 2014 to the satisfaction of Sub Divisional Judicial Magistrate, Danapur, Patna. (Hemant Kumar Srivastava, J) A.K.V./- U T