Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26068 of 2021 Arising Out of PS. Case No.-752 Year-2020 Thana- BIHAR District- Nalanda ====================================================== KUNAL KUMAR Son of Nago Prasad @ Nageshwar Mahto Resident of Village - Tikulipar, P.S.- Bihar, Distt.- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Kumari Sinha W/o Kunal Kumar Resident of Village - Tikulipar, P.S.- Bihar, Dist.- Nalanda. At Present Daughter of Pache Sao, C/o Kishori Sao, P.S. and P.S.- Shashori, Dist.- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kumar Singh For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia Mr. Majid Mahboob Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Bihar P.S. Case No. 752/2020 registered for the offences under Section 498-A and other allied sections of the Indian Penal Code.

In paragraph No. 14 of the bail petition, specific statement has been made that the petitioner is ready to keep his wife (opposite party no.2) and children with full honour and dignity.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before

Patna High Court CR. MISC. No.26068 of 2021(3) dt.18-02-2022 2/3 14th of March, 2022 and, thereafter, both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 752/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide

Patna High Court CR. MISC. No.26068 of 2021(3) dt.18-02-2022 3/3 order dated 24.12.2021. shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) Saif/- U T